Ending the agency's decade long quest to regulate the incidence of musculoskeletal disorders (MSDs) in the workplace, on November 22, 1999, the Occupational Health and Safety Administration (OSHA) released its proposed ergonomics standard. Ergonomics is the science of fitting the job to the worker. This rule will have wide ranging implications for many employers.
OSHA will take public comments and hold hearings in Washington, DC (February 2000), Portland, OR (March 2000), and Chicago, IL (April 2000). The agency intends to issue a final rule by the end of 2000.
Who will be covered by the rule?
- General industry employers with workers involved in manual handling or manufacturing production jobs (approximately 1.6 million work sites).
- Other general industry employers with one or more workers who experience work-related MSDs after the final standard takes effect (about 300,000 employers each year).
Who is not covered by the rule?
- Approximately 75% of general industry employers will not need to take any action.
- Employers in the agriculture, maritime and construction industries would be exempt.
What will covered employers be required to do?
Basic Program (for employers with manual handling or manufacturing production jobs):
- Appoint an individual to be responsible for ergonomics and supply resources and training for the program.
- Be sure company policies do not discourage employees from reporting problems and let employees know how they can be involved in the ergonomics program.
- Periodically provide information to employees covering: ergonomic risk factors (force, repetition, awkward postures, static postures, vibration, cold temperatures); signs and symptoms of MSDs; importance of early reporting of signs and symptoms of MSDs and how to make reports; and requirements of the standard.
Quick Fix (for problem jobs that can be fixed immediately):
- Promptly care for the injured employee;
- Eliminate hazard within 90 days;
- Within 30 days verify that the fix worked;
- Keep records of Quick Fix controls;
- Establish a full ergonomics program if fix fails or another MSD of the same type occurs within 3 years.
Full Program (for employers with a covered MSD in addition to the basic program):
- Job hazard analysis and control;
- Training;
- MSD management for workers with covered MSDs;
- Evaluate program every three years;
- Retain records for three years.
Employers who already have developed effective ergonomics programs that meet the basic obligations and record-keeping requirements of the standard
- and were evaluated and implemented before the standard becomes effective
- are "grandfathered" in and do not need to start over again when the final rule is published.
When does the proposed standard become effective? The final standard will take effect 60 days after publication (estimated to be near the end of 2000). Individual provisions will be phased in after the effective date as follows:
- Promptly: MSD management.
- 90 days: quick fixes.
- 1 year: management leadership, employee participation; hazard information reporting.
- 2 years: job hazard analysis; training; interim controls.
- 3 years: permanent controls; program evaluation.
What are the costs and benefits? Employers will be forced to spend about $4.2 billion to implement the standard. Due in part to this added cost, business advocates are highly critical of the proposed standard as well as the way in which it was rushed to publication by the agency. OSHA estimates that 3 million MSDs will be prevented over 10 years saving approximately $22,500 for each MSD that is prevented.
How can employers comment on the proposed rule? Copies of the proposed rule (and many other useful publications concerning the rule) can be found at the OSHA web site (http://www.osha.gov). To order a print or CD-ROM version, call (202) 693-2119. Written comments on the proposed standard, submitted in duplicate, must be postmarked no later than February 1, 2000. Send your written comments to:
OSHA Docket Office, Docket No. S-777,
Room N-2625
U.S. Department of Labor
200 Constitution Ave., N.W.
Washington, D.C. 20210
Comments of 10 pages or less may be faxed to the Docket Office at (202) 693-1648. Comments may also be submitted through OSHA's web site.
An informal public hearing will be held at the Benson Hotel, 309 S.W. Broadway in Portland, Oregon on March 21, 2000. Notices of intent to appear at the hearing must be postmarked by January 24, 2000.
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