Ergonomics: Proposed rule stirs industry By Carmen DaecherLast November, the U.S. Occupational and Safety Health Administration issued a notice of proposed rule-making for an Ergonomics Program Standard it wants badly to implement this year. While the standard sounds innocuous, it is anything but. Many in private industry are saying its implementation could be devastating to small and mid-size businesses. The proposed standard applies to workplaces in general industry, meaning it includes the bus industry. For example, those sprains and strains from handling luggage, manually opening doors or assisting special needs passengers may cause you to comply with the standard. Improper lifting in the shop or even tendon strain from typing can require compliance. As might be expected of any standard emanating from OSHA, the proposal has quietly become highly controversial and is being attacked by many in industry. The National Association of Manufacturers, for example, estimates the cost of complying with the proposed ergonomics standard will cost small and mid-size companies an average of $781 per employee, and that figure doesn't include the cost of compensation claims, medical removal and other expenses. Because of the potential for economic havoc, the United Motorcoach Association has been actively working to exempt motorcoach companies from the proposed rule. UMA is strongly urging its members to review the proposed rule on the OSHA Web site, www,osha.gov, and file comments quickly. The standard is primarily directed toward manufacturing operations and manual handling operations. However, if one of your employees suffers a work-related musculoskeletal disorder (WMSD) while performing core or significant activities related to his or her job, and which is reportable in an OSHA 200 Log, then you must comply with the standard as well. It doesn't matter whether the employee works in an office, a shop or in one of your buses or other vehicles. OSHA says the purpose of the proposed standard is to reduce the number and severity of work-related repetitive stress or repetitive motion injuries. To accomplish this, you may be required to set up an extensive ergonomics program in your workplace to identify and control hazards that are reasonably likely to be causing or contributing to work-related injuries. The kind of program you need depends on the extent of the problem in your workplace. Some have criticized OSHA for attempting to micro-manage the workplace through the proposed ergonomic rules. Others contend the rules aren't needed because the number of work-related repetitive stress or repetitive motion injuries is declining. What is ergonomics? Ergonomics is the science of fitting jobs to people. Ergonomics encompasses the body of knowledge about physical abilities and limitations, as well as other human characteristics that are relevant to job design. Ergonomic design is the application of this body of knowledge to the design of the workplace (i.e., work tasks, equipment, environment) for safe and efficient use by workers. Good ergonomic design makes the most efficient use of worker capabilities while insuring that job demands do not exceed those capabilities. An ergonomics program is a systematic process for anticipating, identifying, analyzing and controlling work-related hazards. Musculoskeletal disorders (MSD) are injuries and disorders of the muscles, nerves, tendons, ligaments, joints, cartilage and spinal discs. Examples of MSDs are carpal tunnel syndrome, muscle strains, sciatica, tendinitis, low back pain and the like. Work-related means the physical work activities or work place conditions are reasonably likely to be causing or contributing to a reported MSD. For the OSHA standard, an MSD is work-related if:
Establishing a "basic" program You must establish a "basic program" when this standard becomes effective. Then, if a work-related disorder is reported in your workplace, the rest of the ergonomics program is necessary. The ergonomics program and its elements - which you must apply as defined in the standard - are as follows:
Your basic obligation for management leadership and employee participation will be to define ways for employees (and their designated representatives) to report problems, get responses and be involved in the program. You must not have policies or practices that discourage employees from reports or recommendations or from participating in the program. This obligation includes having employee involvement in developing and participating in the other elements of the ergonomics program, and in designating a responsible manager for the program. Communication is key The hazard information and reporting section of the standard requires you to periodically provide information about WMSDs and WMSD hazards to all employees in those jobs. As part of this process you must set up ways for employees to report WMSD signs, symptoms and hazards, and make recommendations about controlling them. You must also provide information to current and new employees in these specific jobs concerning:
In other words, you must document everything. The job hazard analysis and control element of the proposed program requires you to analyze problem jobs. Once you have identified WMSD hazards in those jobs, you must implement measures to eliminate or control the hazards to the extent feasible. Once you have identified the cause of the problem, you must identify, evaluate and implement feasible control procedures. You must also track your process in controlling WMSD hazards; communicate the results of the job hazard analysis in the workplace, and identify hazards when you change, design or purchase equipment to prevent new problems from being brought into the workplace. The types of controls to be used are engineering controls and work practice and administrative controls. Personal protective equipment may be used as an interim control, but you must provide it at no cost to employees. Training is included, too A training element in the proposed program would require you to provide training about the ergonomics program and WMSD hazards periodically and at least every three years. At a minimum, the training would have to be directed to the employees in problem jobs that have been identified as problem jobs, their supervisors, and all persons involved in setting up and managing the ergonomics program. You would have to train employees in the problem jobs about WMSD signs and symptoms and the importance of early reporting; WMSD hazards; job-specific controls and work practices that have been implemented in their jobs; the ergonomics program, and the requirements of this proposed standard. For persons involved in setting up and managing the ergonomics program, they would have to be trained in the ergonomics program and their role in it; how to identify and analyze WMSD hazards, how to identify, evaluate and implement measures to control these hazards, and how to evaluate the effectiveness of the ergonomics programs. All new employees or persons involved in these programs would have to be trained when they are initially assigned to these positions, or after control measures are implemented or changed. Otherwise, training must be provided every three years. The medical management portion of the proposed program requires you to make available prompt and effective medical management whenever an employee has a WMSD. You must provide medical management, including work restrictions recommended by a health care professional at no cost to the employee. Under the proposed rule, if time off is recommended by a health care professional, the employee will receive 90 percent of their normal earnings and full seniority, rights and benefits until they return to work. If work restrictions (light duty) are recommended by a health care professional, the employee will receive full normal earnings, seniority, rights and benefits until:
Evaluating your program The program evaluation section of the proposed standard requires you to evaluate your ergonomics program and controls periodically, and at least every three years, to insure it is in compliance with the standard. To evaluate the program you must:
If you have 10 or more employees (including contract employees) at any time during the preceding year of the establishment of your ergonomics program, you must keep written records of your program. If you meet that criteria and are required to keep written records, they must include the following:
Employee reports and your responses must be kept for three years. Hazard analysis, plans for controlling WMSD hazards and evaluations must be kept for three years or until replaced or updated. Medical management records must be kept for the duration of the injured employee's employment, plus three years. There is a "grandfather clause" defined in the proposed standard. Employers who have already developed ergonomics programs won't need to begin again, provided their ergonomics program:
An employer has met the requirements of the standard and is in compliance when the controls eliminate or materially reduce MSD hazards. Employers can opt for an incremental process, trying one control and adding others if an injured employee does not improve or another MSD occurs in that job. Finally, if after implementing ergonomic controls, you do not have any additional reported problems for three years, you only have to maintain management leadership and employee participation; hazard information and reporting; and implemented controls and training related to those controls to comply with the standard. Next step: Regulation If this standard becomes a regulation, it is proposed to be enforceable 60 days after the publication date of the final rule. If at that time, you have reported WMSDs, you must comply with all elements of the program within three years after the effective date. Some of the elements require compliance within this three-year period. Once all compliance deadlines have passed, if you have a WMSD, you will have up to one year for full compliance with the program. As you can imagine, the proposed standard has been met with many questions, comments and concerns. But its principal intent is worthwhile. Even without this standard, our concern for our fellow employees should always be of principal importance. And, if we know that certain job functions or repetitive motions can cause injury, it makes sense to do something to avoid such an injury. So, rather than dwell on the inadequacies of the proposed standard, it is sensible to take a look at our operations and see if there are obvious areas for improvement and for the benefit of your employees' health and safety. Be proactive rather than reactive. To do this, I suggest the following:
If this sounds similar to the proposed rule, it is. But it is a good way to determine improvement opportunities in workstations, work processes and the use of technology to avoid injuries and illnesses to your employees. And, by informing and training your employees about the hazards that you identify, it shows you care. That is a strong motivator that makes them want to be productive members of your organization. In summary, rather than worry about whether this proposed standard will become a regulation, look at your workplace now to determine if you can help employees avoid injuries or illness. Involve them in the entire process. Make them feel like they are part of the solution, and monitor and measure changes to make sure they are effective. A happy and healthy employee is a productive employee. That is the best type of employee to have as part of your organization. Participating in rulemaking OSHA welcomes public participation in its ergonomics rulemaking. If you have comments or input, send them to OSHA or attend one of the informal public hearings. OSHA's ergonomics proposal is available on the agency's Web site at www.osha-slc.gov/ergonomics-standards/fedregabbrversion.html. To order a free CD-ROM or print version of the proposal, call (202) 693-1888. *** Click here to visit the DDC USA Fleet training web site ***
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