ERGONOMICS

STATUS

On November 22, 1999, three days after Congress adjourned for the year, the Occupational Safety and Health Administration (OSHA) released a proposed ergonomics regulation.  The proposal, containing a 1,000-page preamble, was the first formal step towards a final regulation.

On November 14, 2000, OSHA ignored the wishes of a bipartisan Congress and published its ergonomics standard as a final rule.

In March of 2001, Congress passed S J RES 6, the joint resolution disapproving OSHA's ergonomics standard.  The President signed the resolution into law on March 20th.  This is the very first time that Congress has exercised its right under the Congressional Review Act (CRA) to repeal an agency rule.

On March 6th, the Senate passed the joint resolution of disapproval by a vote of 56-44.  The vote tally is significantly different from past ergonomics bills because the small business community was successful in converting Senators Landrieu (D-LA), Baucus (D-MT), and Specter (R-PA), while recruiting swing-Senators Miller (D-GA) and Chafee (R-RI) to vote in our favor.  In fact, with regard to ergonomics, this was the first time in five years Senator Specter sided with businesses.

The business community also managed to maintain the support of moderate Senators.  Senators Jeffords (R-VT), Breaux (D-LA), Lincoln (D-AR), and Hollings (D-SC) once again voted to protect small business from OSHA's ergonomics standard.

The House then took up S J RES 6 the very next day, and approved it by a 223-206 vote margin.  There were some anxious moments prior to the debate in the House.  Several members of the conservative Democrat group known as the "Blue Dogs" were threatening to vote against S J RES 6.  Many of the "Blue Dogs" were venting anger towards business groups for pushing the Bush tax cut bill in their home districts.

This was especially nerve racking considering that many "Blue Dog" votes were needed to balance out the votes against the resolution from liberal Republicans.  It would have been extremely difficult to pass S J RES 6 without the support of the "Blue Dogs."

In the end however, policy was more important than politics and the vast majority of "Blue Dog Democrats" supported the business community.

In April 2002, the Occupational Safety and Health Administration (OSHA) unveiled a new approach to reduce and prevent ergonomic injuries in the workplace.  OSHA developed a four-pronged ergonomics strategy to meet this goal through a combination of industry-specific and task-specific guidelines, outreach, enforcement, and research.

OSHA'S ORIGINAL REGULATION

In simplest terms, ergonomics can be defined as the study of work.  In the safety and health context, it refers to studying the way work is performed to determine the manner workers are possibly at risk of developing cumulative trauma disorders, often referred to as musculoskeletal disorders (MSDs).  Cumulative trauma disorders are ailments of the musculoskeletal and nervous systems occurring in either the upper or lower extremities, including the back.  These disorders are thought to be caused or aggravated by a number of risk factors found in the workplace, including repetitive motions, forceful exertions, vibrations, sustained or awkward positions, or mechanical compression of the hands, wrists, arms, back, neck, shoulders, or legs over extended periods of time.  Environmental conditions such as heat, cold, or lighting may also be ergonomic stressors

Editor's Note: We have left the following summary of the revoked OSHA Standard in the present tense.

COVERAGE

The ergonomics standard covers all employers with the following exceptions: construction, maritime, agriculture, and railroad operations.  It is important to note the earlier draft was limited by type of jobs:  manual handling and manufacturing jobs.  The final rule applies to employers, not types of jobs.

STEP ONE - BASIC RESPONSIBILITY

All covered employers must provide each current and each new employee basic information about: common musculoskeletal disorders (MSDs) and their signs and symptoms; the importance of early reporting of MSDs and their signs and symptoms and the consequences of failing to report them early; how to report MSDs and their signs and symptoms in the employer's workplace; the kinds of risk factors, jobs and work activities associated with MSD hazards; and a short description of the requirements of OSHA's ergonomics program standard.

The employer must make available to the employee a summary of the requirements of this standard.  The employer must provide the information in written form or, if all employees have access, in electronic form.  The employer must provide the information to new employees within 14 days of hiring.  The employer must post the information in a conspicuous place in the workplace (e.g., employee bulletin board or, if all employees have access, electronic posting).  OSHA has provided an information and summary sheet that may be used by employers. (Not included in this summary.)

STEP TWO – EMPLOYEE REPORT AND ACTION TRIGGER DETERMINATION

When an employee reports an MSD or the signs or symptoms of an MSD, an employer must promptly determine whether the reported MSD or MSD signs or symptoms qualify as an MSD incident.  The assistance of a Health Care Professional (HCP) in making this determination is permitted. A report is considered to be an MSD incident if the MSD is work-related and requires days away from work, restricted work, or medical treatment beyond first aid; or the MSD signs or symptoms are work-related and last for seven consecutive days after the employee reports them to the employer.  If the employee has not experienced an MSD incident, the employer does not need to take further action.

If the employee has experienced an MSD incident, the employer must determine whether the job meets the standard's Action Trigger.  A job meets the Action Trigger if an MSD incident has occurred in that job and the employee's job routinely involves, on one or more days a week, exposure to one or more relevant risk factors at the levels described in a Basic Screening "Tool" provided by OSHA.  (In the rule OSHA uses the term "tool" to refer to various checklists and guidance provided in appendices.)  If the employee's job does not meet the Action Trigger, the employer does not need to take further action.

STEP THREE – ACTION TRIGGER MET – FURTHER RESPONSIBILITIES

If the employee's job meets the Action Trigger, for the employee's job and all jobs in the establishment that are the same as that job, the employer must either comply with the Quick Fix option, or develop and implement an ergonomics program that includes management leadership; employee participation; MSD management; job hazard analysis; hazard reduction and control measures, and evaluations if the job hazard analysis determines that the job presents an MSD hazard; and training.

Management leadership requires an employer to assign and communicate responsibilities for setting up and managing the ergonomics program; provide designated persons with the authority, resources, and information necessary to meet their responsibilities; ensure that the employer's policies and practices encourage and do not discourage the early reporting of MSDs, their signs and symptoms, and MSD hazards or employee participation in the ergonomics program; and communicate periodically with employees about the ergonomics program and their concerns about MSDs.

Employees and their representatives must have ways to participate to promptly report MSDs, MSD signs and symptoms, and MSD hazards in the employer's workplace; receive prompt responses to their reports of MSDs, MSD signs and symptoms, and MSD hazards; and have ways to be involved in the development, implementation, and evaluation of the employer's ergonomics program.  Employees and their representatives must be provided with a summary of the requirements of this standard and have ready access to a copy of this standard and to information about MSDs, MSD signs and symptoms, MSD hazards, and the employer's ergonomics program.

To determine whether a job that meets the Action Trigger poses an MSD hazard to employees in that job, an employer must conduct a job hazard analysis for that job.  The employer may rely on an analysis previously conducted to the extent it is still relevant.  The employer's job hazard analysis must include all employees who perform the same job, or a sample of employees in that job who have the greatest exposure to the relevant risk factors.  The job hazard analysis must involve talking with those employees and their representatives about the tasks the employees perform that may relate to MSDs; and observing the employees performing the job to identify the risk factors in the job and to evaluate the magnitude, frequency, and duration of exposure to those risk factors.

The employer must use one or more of two OSHA provided hazard identification "tools," (not included in this summary) a job hazard analysis conducted by a professional trained in ergonomics; or any other reasonable method that is appropriate to the job and relevant to the risk factors being addressed.

If the employer determines that there is an MSD hazard in the job, the job will be termed a "problem job."  If the employer determines that the MSD hazards pose a risk only to the employee who reported the MSD, the employer may limit the employer's job controls, training and evaluation to that individual employee's job.

STEP FOUR – PROBLEM JOBS

To reduce MSD hazards in a problem job the employer must control MSD hazards or reduce MSD hazards in accordance with or to levels below those in OSHA provided hazard identification "tools."  If the employer cannot reduce MSD hazards by controlling MSD hazards or reducing MSD hazards in accordance with the hazard identification tools then the employer must reduce MSD hazards to the extent feasible; at least every 3 years, assess the job and determine whether there are additional feasible controls that would control or reduce MSD hazards; and if such controls exist, implement them until the employer has controlled the MSD hazards or reduced them to the level in accordance with OSHA's hazard identification tools.

If a work-related MSD occurs in a job whose hazard(s) the employer have reduced to the OSHA specified levels, the employer must ensure that appropriate controls are still in place, are functioning, and are being used properly, and determine whether new MSD hazards exist and, if so, take steps to reduce the hazards.  The occurrence of an MSD in a problem job is not in itself a violation of this standard.

To reduce MSD hazards the employer must ask employees in the problem job and their representatives to recommend measures to reduce MSD hazards; identify and implement initial controls within 90 days after the employer determines that the job meets the Action Trigger (initial controls mean controls that substantially reduce the exposures even if they do not reach the specified levels); identify and implement permanent controls that meet the OSHA specified levels within 2 years after the employer determines that a job meets the Action Trigger, except that initial compliance can take up to four years after the effective date of this standard whichever is later; track the employer's progress and ensure that the employer's controls are working as intended and have not created new MSD hazards.  This includes consulting with employees in problem jobs and their representatives.  If the controls are not effective or have created new MSD hazards, the employer must again ask employees in the problem job and their representatives to identify additional control measures that are appropriate and implement any such measures identified.

For each problem job, Controls to reduce MSD hazards include feasible engineering, work practice or administrative controls, or any combination of them, to reduce MSD hazards in the job.  Where feasible, engineering controls are the preferred method of control.

The employer may use personal protective equipment (PPE) to supplement engineering, work practice or administrative controls, but the employer may use PPE alone only where other controls are not feasible.  Where the employer uses PPE, the employer must provide it at no cost to employees.

QUICK FIX ALTERNATIVE

The employer may use a Quick Fix instead of a full ergonomics program for a job if the employees have experienced no more than one MSD incident in that job, and there have been no more than two MSD incidents in the employer's establishment, in the preceding 18 months.

To use a Quick Fix, the employer must provide "MSD management," as appropriate, to the employee promptly after the employer determine that the employee's job meets the Action Trigger; talk with employees in the job and their representatives about the tasks the employees perform that may relate to the MSD incident and observe employees performing the job to identify which risk factors are likely to have caused the MSD incident; ask the employee(s) performing the job and their representatives to recommend measures to reduce exposure to the MSD hazards identified; within 90 days of the employer's determination that the job meets the Action Trigger implement "controls" in the job that control the MSD hazards or reduce MSD hazards in accordance with or to levels below those in the OSHA provided hazard identification tools and train the employee(s) in the use of these controls; within 30 days after the employer implements the controls, review the job to determine whether the employer have reduced the MSD hazards to the specified levels; and keep a record of the Quick Fix process for each job to which it is applied.  The employer must keep the record for 3 years.

If the employer determines that it has reduced the MSD hazards to the specified levels, the employer need take no further action except to maintain controls, the training related to those controls, and recordkeeping.

If the employer has not reduced MSD hazards to the specified levels the employer must implement a full ergonomics program.

MSD MANAGEMENT

Under the MSD management process, that must be implemented for an employee who experiences an MSD incident in a job that meets the Action Trigger, the employer must provide the employee with prompt and effective MSD management at no cost to the employee.  MSD management must include access to a Health Care Professional (HCP); any necessary work restrictions, including time off work to recover; work restriction protection; and evaluation and follow-up of the MSD incident.

The employer must obtain a written opinion from the HCP for each evaluation conducted under this standard, and provide a copy to the employee.  The employer must instruct the HCP that the opinion may not include any findings or information that is not related to workplace exposure to risk factors, and that the HCP may not communicate such information to the employer, except when authorized to do so by State or Federal law.

Whenever an employee consults an HCP for MSD management, the employer must provide the HCP with a description of the employee's job and information about the physical work activities, risk factors and MSD hazards in the job; a copy of this standard; and a list of information that the HCP's opinion must contain.

MSD management under this standard does not include medical treatment, emergency, or post-treatment procedures.

The HCP's opinion must contain the HCP's assessment of the employee's medical condition as related to the physical work activities, risk factors, and MSD hazards in the employee's job; any recommended work restrictions, including, if necessary, time off work to recover, and any follow-up needed; a statement that the HCP has informed the employee of the results of the evaluation, the process to be followed to effect recovery, and any medical conditions associated with exposure to physical work activities, risk factors, and MSD hazards in the employee's job; and a statement that the HCP has informed the employee about work-related or other activities that could impede recovery from the injury.

If an employee experiences an MSD incident in a job that meets the Action Trigger, the employer must provide the employee with any temporary work restrictions or time off work that the HCP determines to be necessary, or if no HCP was consulted, that the employer determines to be necessary.

Whenever the employer places limitations on the work activities of the employee in his or her current job or transfers the employee to a temporary alternative duty job, the employer must provide that employee with Work Restriction Protection (WRP), which maintains the employee's employment rights and benefits, and 100 percent of his or her earnings, until the earliest of the following three events occurs: The employee is able to resume the former work activities without endangering his or her recovery; or an HCP determines, subject to determination review provisions, that the employee can never resume his or her former work activities; or 90 calendar days have passed.

Whenever an employee must take time off from work, the employer must provide that employee with WRP, which maintains the employee's employment rights and benefits and at least 90 percent of his or her earnings until the earliest of the following three events occurs: the employee is able to return to the former job without endangering his or her recovery; an HCP determines, subject to determination review provisions that the employee can never return to the former job; or 90 calendar days have passed.

The employer may condition the provision of WRP on the employee's participation in the MSD management that this standard requires.

The employer's obligation to provide WRP benefits to a temporarily restricted or removed employee is reduced to the extent that the employee receives compensation for earnings lost during the work restriction period from either a publicly- or an employer-funded compensation or insurance program, or receives income from employment made possible by virtue of the employee's work restriction.  The employer may fulfill the obligation to provide work restriction protection benefits for employees temporarily removed from work by allowing the employees to take sick leave or other similar paid leave (e.g., short-term disability leave), provided that such leave maintains the worker's benefits and employment rights and provides at least 90 percent of the employee's earnings.

If the employer selects an HCP to make a determination about temporary work restrictions or work removal, the employee may select a second HCP to review the first HCP's finding at no cost to the employee.  If the employee has previously seen an HCP on his or her own, at his or her own expense, and received a different recommendation, he or she may rely upon that as the second opinion.

If the employer's HCP and the employee's HCP disagree, the employer must, within 5 business days after receipt of the second HCP's opinion, take reasonable steps to arrange for the two HCPs to discuss and resolve their disagreement.  If the two HCPs are unable to resolve their disagreement quickly, the employer and the employee, through the employer's respective HCPs, must, within 5 business days after receipt of the second HCP's opinion, designate a third HCP to review the determinations of the two HCPs, at no cost to the employee.  The employer must act consistently with the determination of the third HCP, unless the employer and the employee reach an agreement that is consistent with the determination of at least one of the HCPs. The employer and the employee or the employee's representative may agree on the use of any expeditious alternative dispute resolution mechanism that is at least as protective of the employee as the review procedures of this section.

TRAINING

The employer must provide initial training, and follow-up training every three years, for each employee in a job that meets the Action Trigger; each of their supervisors or team leaders; and other employees involved in setting up and managing the employer's ergonomics program.

The training required for each employee and each of their supervisors or team leaders must address, as appropriate, the requirements of the standard; the employer's ergonomics program and the employee's role in it; the signs and symptoms of MSDs and ways of reporting them; the risk factors and any MSD hazards in the employee's job, as identified by the OSHA provided Basic Screening Tool and the job hazard analysis; the employer's plan and timetable for addressing the MSD hazards identified; the controls used to address MSD hazards; and their role in evaluating the effectiveness of controls.

The training for each employee involved in setting up and managing the ergonomics program must address relevant topics as well as how to set up, manage, and evaluate an ergonomics program and how to identify and analyze MSD hazards and select and evaluate measures to reduce the hazards.

The employer must provide initial training: to each employee involved in setting up and managing the employer's ergonomics program within 45 days after the employer has determined that the employee's job meets the Action Trigger; to each current employee, supervisor and team leader within 90 days after the employer determines that the employee's job meets the Action Trigger; and to each new employee or current employee prior to starting a job that the employer has already determined meets the Action Trigger.

The employer does not have to provide initial training in a topic that this standard requires to an employee who has received training in that topic within the previous three years.

The employer must provide the training in a language that the employee understands.  The employer also must give the employee an opportunity to ask questions about the employer's ergonomics program and about the content of the training.  The employer must provide answers to those questions.

EVALUATION

The employer must evaluate their ergonomics program at least every three years by consulting with the employees in the program, or a sample of those employees, and their representatives about the effectiveness of the program and any problems with the program; review the elements of the program to ensure they are functioning effectively; determine whether MSD hazards are being identified and addressed; and determine whether the program is achieving positive results, as demonstrated by such indicators as reductions in the number and severity of MSDs, increases in the number of problem jobs in which MSD hazards have been controlled, reductions in the number of jobs posing MSD hazards to employees, or any other measure that demonstrates program effectiveness.

The employer must also evaluate the program, or a relevant part of it, when the employer has reason to believe that the program is not functioning properly.  If the employer's evaluation reveals deficiencies in the program, the employer must promptly correct the deficiencies.  The occurrence of an MSD incident in a problem job does not in itself mean that the program is ineffective.

RECORDKEEPING

If the employer has 11 or more employees, including part-time or temporary employees, the employer must keep written or electronic records of employee reports of MSDs, MSD signs and symptoms, and MSD hazards, the employer's response to such reports, job hazard analyses, hazard control measures, quick fix process, ergonomics program evaluations, work restrictions, time off of work, and HCP opinions.

The employer must provide all records required by this standard, other than the HCP opinions, upon request, for examination and copying, to employees, their representatives and OSHA. The employer must provide the HCP opinion required by this standard, upon request, for examination and copying, to the employee who is the subject of the opinion, to anyone having the specific written consent of the employee, and to OSHA.

The employer must keep all records for three years or until replaced by updated records, whichever comes first, except the HCP's opinion, which the employer must keep for the duration of the employee's employment plus three years.  The employer does not have to retain the HCP opinion beyond the term of an employee's employment if the employee has worked for less than one year and if the employer provides the employee with the records at the end of his or her employment.

GRANDFATHER CLAUSE

The rule does provide a grandfather clause for existing ergonomics programs if they meet conditions specified in the rule.

EFFECTIVE DATES

This standard becomes effective January 16, 2001.  The employer must provide the information required to be provided to employees by October 15, 2001. After that date the employer must respond to employee reports of MSDs and signs and symptoms of MSDs.

The employer must meet the time frames shown in Table W-2 for the other requirements of this section, when the employer has determined that an employee has experienced an MSD incident.

TABLE W-2

COMPLIANCE TIME FRAMES, IF REQUIRED

The employer may discontinue the ergonomics program for a job, except for maintaining controls and training related to those controls, if the employer has reduced exposure to the risk factors in that job to levels below those described in the OSHA's Basic Screening Tool.

DEFINITIONS

The following definitions apply to this standard:

Administrative controls are changes in the way that work in a job is assigned or scheduled that reduce the magnitude, frequency, or duration of exposure to ergonomic risk factors.  Examples of administrative controls for MSD hazards include:

(1)        Employee rotation;

(2)        Job task enlargement;

(3)        Alternative tasks;

(4)        Employer-authorized changes in work pace.

Control MSD hazards: means to reduce MSD hazards to the extent that they are no longer reasonably likely to cause MSDs that result in work restrictions or medical treatment beyond first-aid.

Engineering controls are physical changes to a job that reduce MSD hazards.  Examples of engineering controls include changing or redesigning workstations, tools, facilities, equipment, materials, or processes.

Follow-up means the process or protocol an employer or HCP uses to check on the condition of an employee after a work restriction is imposed on that employee.

Health care professionals (HCPs) are physicians or other licensed health care professionals whose legally-permitted scope of practice (e.g., license, registration or certification) allows them to provide independently or to be delegated the responsibility to carry out some or all of the MSD management requirements of this standard.

Job means the physical work activities or tasks that an employee performs.  This standard considers jobs to be the same if they involve the same physical work activities or tasks, even if the jobs have different titles or classifications.

Musculoskeletal disorder (MSD) is a disorder of the muscles, nerves, tendons, ligaments, joints, cartilage, blood vessels, or spinal discs.  For purposes of this standard, this definition only includes MSDs in the following areas of the body that have been associated with exposure to risk factors: neck, shoulder, elbow, forearm, wrist, hand, abdomen (hernia only), back, knee, ankle, and foot.  MSDs may include muscle strains and tears, ligament sprains, joint and tendon inflammation, pinched nerves, and spinal disc degeneration.  MSDs include such medical conditions as: low back pain, tension neck syndrome, carpal tunnel syndrome, rotator cuff syndrome, DeQuervain's syndrome, trigger finger, tarsal tunnel syndrome, sciatica, epicondylitis, tendonitis, Raynaud's phenomenon, hand-arm vibration syndrome (HAVS), carpet layer's knee, and herniated spinal disc.  Injuries arising from slips, trips, falls, motor vehicle accidents, or similar accidents are not considered MSDs for the purposes of this standard.

MSD hazard means the presence of risk factors in the job that occur at a magnitude, duration, or frequency that is reasonably likely to cause MSDs that result in work restrictions or medical treatment beyond first-aid.

MSD incident means an MSD that is work-related, and requires medical treatment beyond first aid, or MSD signs or MSD symptoms that last for seven or more consecutive days after the employee reports them to the employer.

MSD signs are objective physical findings that an employee may be developing an MSD.  Examples of MSD signs are:

(1)        Decreased range of motion;

(2)        Deformity;

(3)        Decreased grip strength; and

(4)        Loss of muscle function.

MSD symptoms are physical indications that an employee may be developing an MSD.  For purposes of this standard, MSD symptoms do not include discomfort.  Examples of MSD symptoms are:

(1)        Pain;

(2)        Numbness;

(3)        Tingling;

(4)        Burning;

(5)        Cramping; and

(6)        Stiffness.

Personal protective equipment (PPE) is equipment employees wear that provides a protective barrier between the employee and an MSD hazard.  Examples of PPE are vibration-reduction gloves and carpet layer's knee pads.

Problem job means a job that the employer has determined poses an MSD hazard to employees in that job.

Risk factor means, for the purpose of this standard: force, awkward posture, repetition, vibration, and contact stress.

Work practice controls are changes in the way an employee performs the physical work activities of a job that reduce or control exposure to MSD hazards.  Work practice controls involve procedures and methods for safe work.  Examples of work practice controls for MSD hazards include:

(1)        Use of neutral postures to perform tasks (straight wrists, lifting close to the body);

(2)        Use of two-person lift teams;

(3)        Observance of micro-breaks.

Work-related means that an exposure in the workplace caused or contributed to an MSD or significantly aggravated a pre-existing MSD.

Work restriction protection (WRP) means the maintenance of the earnings and other employment rights and benefits of employees who are on temporary work restrictions.  Benefits include seniority and participation in insurance programs, retirement benefits, and savings plans.

Work restrictions are limitations, during the recovery period, on an employee's exposure to MSD hazards.  Work restrictions may involve limitations on the work activities of the employee's current job (light duty), transfer to temporary alternative duty jobs, or temporary removal from the workplace to recover.  For the purposes of this standard, temporarily reducing an employee's work requirements in a new job in order to reduce muscle soreness resulting from the use of muscles in an unfamiliar way is not a work restriction.  The day an employee first reports an MSD is not considered a day away from work, or a day of work restriction, even if the employee is removed from his or her regular duties for part of the day.

OSHA BASIC SCREENING "TOOL" (Table W-1)

The employer need only review factors for those areas of the body affected by the MSD incident.

RISK FACTOR: REPETITION

(1) Repeating the same motions every few seconds or repeating a cycle of motions involving the affected body part more than twice per minute for more than two consecutive hours in a workday

Body Part associated with MSD Incident:  Neck/Shoulder; Hand/Wrist/Arm; Back/Trunk/Hip; Leg/Knee/Ankle

(2) Using an input device, such as a keyboard and/or mouse, in a steady manner for more than four hours total in a workday.

Body Part associated with MSD Incident:  Neck/Shoulder; Hand/Wrist/Arm;

RISK FACTOR: FORCE

(3) Lifting more than 75 pounds at any one time; more than 55 pounds more than 10 times per day; or more than 25 pounds below the knees, above the shoulders, or at arms’ length more than 25 times per day;

Body Part associated with MSD Incident:  Neck/Shoulder; Hand/Wrist/Arm; Back/Trunk/Hip; Leg/Knee/Ankle

(4) Pushing/pulling with more than 20 pounds of initial force (e.g., equivalent to pushing a 65 pound box across a tile floor or pushing a shopping cart with five 40 pound bags of dog food) for more than two hours total per day;

Body Part associated with MSD Incident:  Neck/Shoulder; Hand/Wrist/Arm; Back/Trunk/Hip; Leg/Knee/Ankle

(5) Pinching an unsupported object weighing two more pounds per hand, or use of an equivalent pinching force (e.g., holding a small binder clip open) for more than two hours total per day;

Body Part associated with MSD Incident:  Hand/Wrist/Arm

(6) Gripping an unsupported object weighing 10 pounds or more per hand, or use of an equivalent gripping force (e.g., crushing the sides of an aluminum soda can with one hand), for more than two hours total per day.

Body Part associated with MSD Incident:  Hand/Wrist/Arm

RISK FACTOR: AWKWARD POSTURES

(7) Repeatedly raising or working with the hand(s) above the head or the elbow(s) above the shoulder(s) for more than two hours total per day;

Body Part associated with MSD Incident:  Neck/Shoulder; Hand/Wrist/Arm; Back/Trunk/Hip

(8) Kneeling or squatting for more than two hours total per day;

Body Part associated with MSD Incident:  Back/Trunk/Hip; Leg/Knee/Ankle

(9) Working with the back, neck, or wrists bent or twisted for more than two hours total per day (see figures in original OSHA Table)

Body Part associated with MSD Incident:  Neck/Shoulder; Hand/Wrist/Arm; Back/Trunk/Hip

RISK FACTOR: CONTACT STRESS

(10) Using the hand or knee as a hammer more than 10 times per hour for more than two hours total per day;

Body Part associated with MSD Incident:  Hand/Wrist/Arm; Leg/Knee/Ankle

RISK FACTOR: VIBRATION

(11) Using vibrating tools or equipment that typically have high vibration levels (such as chainsaws, jack hammers, percussive tools, riveting or chipping hammers) for more than 30 minutes total per day;

Body Part associated with MSD Incident:  Neck/Shoulder; Hand/Wrist/Arm; Back/Trunk/Hip

(12) Using tools or equipment that typically have moderate vibration levels (such as jig saws, grinders, or sanders) for more than two hours total per day.

Body Part associated with MSD Incident:  Neck/Shoulder; Hand/Wrist/Arm

OSHA'S SECOND PLAN AND CURRENT POLICY

In April 2002, Secretary of Labor Elaine L. Chao unveiled a comprehensive approach to ergonomics designed to quickly and effectively address musculoskeletal disorders (MSDs) in the workplace.  OSHA developed a four-pronged ergonomics strategy to meet this goal through a combination of industry-specific and task-specific guidelines, enforcement, outreach and assistance, and research.

Guidelines

• OSHA’s first ergonomic guidelines were released on March 13, 2003 and covered the nursing home industry; the guidelines followed public comment and a stakeholder meeting.
• OSHA published final Ergonomic Guidelines for Retail Grocery Stores on May 28, 2004 following public comment and a stakeholder meeting.
• OSHA published final Ergonomic Guidelines for the Poultry Processing Industry on September 2, 2004 following public comment. No Stakeholder meeting was held for this guideline because stakeholders felt that their written comments were sufficient to communicate their concerns.
• OSHA published final Ergonomic Guidelines for Shipyards on March 7, 2008 following public comment. No Stakeholder meeting was held for this guideline because stakeholders felt that their written comments were sufficient to communicate their concerns.
• OSHA is encouraging other industries to develop ergonomic guidance to meet their specific needs. For example, through their alliance, OSHA and the American Apparel and Footwear Association developed voluntary ergonomics guidelines for the apparel and footwear industry.
• As part of their alliances with OSHA, several printing industry associations and the Society of the Plastics Industry, Inc., are developing ergonomic guidance for their respective industries.

Enforcement

• OSHA has issued 19 General Duty Clause violations for ergonomic hazards, 18 of which have been settled and one remains open. OSHA continues to evaluate workplace ergonomics.
• From January 1, 2002 through December 31, 2007, OSHA conducted 4,138 ergonomics inspections encompassing a variety of industries. Of these, 1,225 inspections were conducted in nursing and personal care facilities under a National Emphasis Program from July 2002 through the end of September 2003.
• A cross-cutting OSHA ergonomics response team evaluates and screens all inspection cases prior to issuing a citation.
• OSHA sent 593 hazard alert letters to notify employers of ergonomic problems in their facilities. Follow-up inspections at a sample of these facilities are being conducted to evaluate the progress of response to the hazard alert letters.
• Four Regional Emphasis Programs and four Local Emphasis Programs are underway across the country, focusing on ergonomic hazards in meat processing, health care, garment factories, and warehousing industries.
• OSHA named ergonomic coordinators for each of its 10 regional offices to assist staff, employers, employees, and other stakeholders with ergonomic issues.
• OSHA currently has five ergonomists throughout the country—in regional offices, the national office, the OSHA Training Institute, and the Salt Lake Technical Center.
• The OSHA Training Institute has added a class to teach field personnel policies and procedures for ergonomics enforcement under the OSHA’s four-pronged approach.

Outreach and Assistance

• OSHA currently has 38 active Strategic Partnerships with an emphasis on ergonomics.
• OSHA has signed 32 national ergonomic Alliances and 29 regional ergonomic Alliances which are working with OSHA on a number of projects. Several Alliance Program participants, including the American Apparel and Footwear Association, the Airline Industry Alliance and the National Telecommunications Safety Panel have developed industry-specific ergonomics manuals. Abbott and The Dow Chemical Company helped develop several ergonomic case studies.
• OSHA’s Web site features eight eTools that address ergonomics for a number of industries and occupations, including baggage handling, beverage delivery, computer workstations, electrical contractors, grocery warehousing, health care, poultry processing, and sewing. Through the Alliance Program, the Graphic Arts Coalition, which includes representatives from several printing industry trade associations, is working with OSHA to develop an ergonomic eTool for the printing industry.
• OSHA staff serves as adjunct members on the American Industrial Hygiene Association’s Ergonomics Committee.
• Voluntary Protection Program sites are required to identify and control hazards, including ergonomic hazards, as part of their overall safety and health management system.
• The OSHA Training Institute Education Centers conducted 38 ergonomic classes and seminars for 711 students in FY2007 and have scheduled several ergonomics classes in FY2008.
• OSHA provided ergonomic workstation training and evaluation assistance to several government agencies, including the IRS and the Defense Contract Audit Agency.
• OSHA’s Ergonomics Safety and Health Topics web page reflects OSHA’s four-pronged strategy to reduce ergonomic injuries. The web page provides information on ergonomics guidelines, enforcement actions, the National Advisory Committee on Ergonomics, eTools, cooperative programs, a library of more than 40 success stories from a variety of industries, and case studies.
• OSHA signed a Memorandum of Understanding with the U.S. Small Business Administration Office of Advocacy, and the U.S. Small Business Administration Office of the Small Business and Agriculture Regulatory Enforcement Ombudsman, to distribute ergonomics information to small businesses.
• OSHA and the U.S. Chamber of Commerce jointly developed a web cast on the willingness and ability of businesses to adopt and implement ergonomics policies.
• In FY 2004, OSHA last awarded training grants in FY 2004 to three organizations to develop and conduct training on ergonomics in the retail grocery, nursing home, and auto supply manufacturing industries. OSHA has included Ergonomics in Foundries as a topic in the 2008 solicitation for grants.

National Advisory Committee on Ergonomics

• OSHA established a 15-member National Advisory Committee on Ergonomics (NACE), with representatives from industry, academia, labor, and the legal and medical professions. More than 250 people were nominated in response to a Federal Register announcement seeking nominations to NACE.
• The first NACE meeting took place in January 2003. Subsequent meetings were held in May 2003, September 2003, January 2004, May 2004, and November 2004.
• Discussion at the meetings has centered on task-specific guidelines, research needs and efforts, and outreach and assistance methods to communicate the value of ergonomics.
• Based upon a recommendation of the NACE research discussion group, OSHA sponsored a symposium, entitled Musculoskeletal and Neurovascular Disorders - The State of Research Regarding Workplace Etiology and Prevention, for published researchers on work-related musculoskeletal disorders to examine their studies and the methodologies used. This symposium was held in conjunction with the January 2004 NACE meeting.
• The NACE Charter ended in November 2004.

OUTLOOK

Déjà vu all over again with the Administration?

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