On November 14, 2000, OSHA published its final ergonomics program standard. As defined by OSHA, ergonomics is the science of fitting the jobs to the people who work in them. OSHA's goal in requiring a workplace ergonomics program is to reduce work-related musculoskeletal disorders (MSDs), such as carpal tunnel syndrome. OSHA claims that its new program will prevent MSD injuries to approximately 460,000 workers a year and will save an average of $9.1 billion each year. While the rule formally took effect January 16, 2001, employers are not required to begin initial compliance until October 2001.
In the meantime, the new ergonomics standard has created a great deal of contention between industry groups and labor organizations. Industry groups, such as the National Association of Manufacturers, claim that the new standard is not based on sound science, that it is too imprecise to meet constitutional and administrative law requirements, and that OSHA has exceeded its authority in promulgating it. On the opposite front, labor groups, including the AFL-CIO and Teamsters, are challenging the rule for not being proactive enough in protecting employees. Labor supporters decry the new standard's requirement that an employee actually suffer an MSD before protections are triggered, and would prefer that the standard be triggered merely upon exposure to a potential MSD hazard.
The only thing industry and labor agree upon is that the new standard, as presently constituted, is not acceptable. To that end, both sides have filed various lawsuits around the country challenging the new ergonomics standard. These cases have recently been consolidated before the U.S. Court of Appeals for the District of Columbia Circuit, which has experience reviewing challenges to OSHA rules.
If the new standard survives its court challenges, the following information from the rule may give you a better understanding of its contents and application:
- The standard does not address injuries caused by slips, trips, falls, vehicle accidents or other similar accidents.
- This standard does not apply to construction, maritime, agriculture, or railroad industries (which industries have separate OSHA standards).
- The standard may allow an employer to continue its existing ergonomics program if the existing program qualifies under certain criteria.
- The standard requires training of management, supervisors and employees alike for MSD risks.
- The standard also sets forth required procedures for: taking initial actions to educate, warn, and prevent MSDs; handling reports of MSDs; determining what incidents are MSDs; investigating and assessing job duties that may cause MSDs; implementing a specific ergonomics program if such job reaches certain level of risk for causing MSD; handling employees with MSDs; ensuring effectiveness of the program; record-keeping, and other compliance issues.
A copy of the entire rule is accessible at http://www.osha-slc.gov/SLTC/ergonomics. While visiting the site, a good resource for understanding the basics of the rule appears after the text of the main rule. The resource is titled "Appendix B to 29 CFR §1910.900: Summary of the OSHA Ergonomics Program Standard." Despite the availability of these resources, it is still recommended that employers contact their legal counsel to evaluate any current ergonomics plan, or to implement one before October of this year.