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Proposed OSHA Rule Could Force Redesign of 4.5 Million Jobs

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Labor Secretary Alexis M. Herman announced that the Occupational Safety and Health Administration will issue ergonomic work rules before the end of 2000. The rules will become final after a period of public comment.

The rules will focus on disorders caused by repetitive motion (for instance, back injuries and carpal tunnel syndrome). According to OSHA, this would require employers to redesign 4.5 million jobs in the first year alone. OSHA believes the rules will prevent 32,000 to 95,000 injuries annually.

There is great debate over the cost of compliance. OSHA estimates that the cost of compliance for business will total $3.5 billion. The Small Business Agency, an independent federal agency, claims that the first year cost will exceed $81 billion. Some employer groups are estimating the costs to be even higher.

There has been a long-standing fight in Congress over OSHA s plan to issue an ergonomic standard. The National Academy of Science currently is studying the issue. This report, however, is not due out until January of 2001. Some Congressional members are attempting to block the rules until the National Academy of Science study is complete.

Although OSHA has not finalized the proposed standard, it appears that the standard will contain the following elements:

  • Management leadership and employee participation.
  • Hazard identification and information job hazard analysis and control.
  • Employee training.
  • Medical management and program evaluation.
One of the more controversial elements of the proposed rules is a requirement that an employer provide full pay and benefits to an employee removed from a position or reassigned to another position as a result of an ergonomic-related injury.

Under the proposed rule, ergonomic risk factors include repetitive motions, use of power tools, sitting for extended periods, forceful exertions, extended reaching (below the knee and above the shoulders) and bending/twisting while lifting heavy objects.

If you have any questions regarding the proposed ergonomic standard, you should contact your attorney.

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