OSHA Issues Final Ergonomic Standard

The Occupational Safety and Health Administration ("OSHA") has published a final Ergonomics standard which goes into effect January 16, 2001. It covers all general industry employers, but does not apply to the construction, agriculture and maritime industries. OSHA issued the standard for the purpose of reducing the number and severity of musculoskeletal disorders (MSDs) that may occur in the workplace. MSDs are injuries or disorders of the muscle, nerves, tendons, ligaments, joints, cartilage or spinal discs. Workplace MSDs are caused by exposure to repetition, force, awkward postures, contact stress or vibration. The standard does not address injuries caused by slips, trips, falls or accidents.

Initially, the only thing an employer is required to do is to provide basic information to its employees about MSDs before October 14, 2001. Specifically, employees must be provided with basic information about:

• common MSDs and their signs and symptoms;
• how to report a MSD and the importance of early reporting;
• the risk factors associated with a MSD hazard; and
• the requirement of OSHA’s ergonomic standard.

To satisfy this requirement, an employer may simply distribute to its employees and post in the workplace information sheets that have been developed by OSHA. Please contact Ronald E. Hurst at rhurst@mmwr.com if you would like copies of the information sheets.

An employer is not required to take any other action until an MSD incident is reported. An MSD incident refers to a work-related MSD, which requires days away from work; restricted work; medical treatment beyond first aid; or the signs and symptoms last for seven or more consecutive days after reporting. Once an MSD is reported after October 14, 2001, the employer must promptly determine whether the MSD or its signs or symptoms is an MSD incident. Although it is not required, an employer may request the assistance of a health care professional to make the determination. If the employer determines that an MSD incident occurred, the employer has seven days to determine whether the MSD incident meets the standard’s "Action Trigger." To do so, the employer must review the worker’s job using the standard’s "basic screening tool" (a two page checklist developed by OSHA) to determine whether the job routinely involves exposure to one or more of the five ergonomic risk factors: repetition, force, awkward posture, contact stress and vibration.

Once an employer determines that an incident meets the "Action Trigger," an employer must comply with the following deadlines:

• 7 Days - implement MSD Management. This includes providing the affected employee access to a health care professional; any necessary work restrictions, including time off to recover; work restriction protection; and evaluation and follow up of the MSD incident;
• 30 Days - initiate management leadership and employee participation;
• 45 Days - train employees involved in setting up and managing an ergonomic program;
• 60 Days - conduct a job hazard analysis;
• 90 Days - train current employees, supervisors or team leaders and implement initial controls;
• 3 Years - conduct a program evaluation; and
• January 18, 2005 - initiate permanent controls.

In the alternative, if there has been only one prior MSD incident in a job and only two prior MSD incidents in the employer’s establishment as a whole during the past 18 months, an employer may elect to use OSHA’s "Quick Fix" option, which is an efficient mechanism for providing ergonomic protection for employees, while reducing the regulatory burden on an employer which has only a few isolated MSD hazards that can be identified easily and addressed quickly. This option is particularly attractive for small businesses. Should an employer elect to utilize the Quick Fix option, the job must be fixed within 90 days.