OSHA Issues Ergonomics Standard
November 2000

On November 14, 2000, OSHA issued the far-reaching workplace ergonomics standard 29CFR 1910.900. The standard is aimed at reducing musculoskeletal disorders (MSDs) caused by repetitive motion, force, awkward posture, contact stress and vibration.

The standard takes effect January 16, 2001. Employers must distribute information on the standard to employees and begin receiving and responding to reports of injuries no later than October 14, 2001.

All general industry employers are covered. The standard does not apply to construction, maritime, agricultural or railroad operations.

The rule requires employers to inform workers about common MSDs, MSD signs and symptoms and the importance of early reporting. When a worker reports signs or symptoms of an MSD, the employer must determine whether the injury meets the definition of an MSD incident. It does if any of the following occurs:

1. Medical treatment beyond first aid;
2. Assignment to a light duty job or temporary removal from work in order to recover; or
3. Work-related signs/symptoms last for seven or more consecutive days.

If it is an MSD, then the employer must check the job, using a "basic screening tool," provided in the standard. If the worker’s job meets the "action trigger," the employer must conduct a job hazard analysis to determine whether MSD hazards exist in the job and must provide training. If hazards are found, the employer must implement control measures to reduce hazards.
Employers must provide employees, at no cost to them, with prompt access to a healthcare professional (HCP), evaluation follow-up of an MSD incident, and any temporary work restrictions that the employer or the HCP determines to be necessary.

Employers must provide work restriction protection (WRP) to employees who receive temporary work restrictions. This means maintaining 100% of earnings and full benefits for employees who receive limitations on the work activities in their current job or transfer to a temporary alternative duty job, and 90% of earnings and full benefits to employees who are removed from work. WRP is good for 90 days, or until the employee is able to safely return to the job, whichever comes first.

Employers with eleven or more employees, including part-time employees, must keep written or electronic records of employee reports of MSDs, MSD signs and symptoms and MSD hazards, response to such reports, job hazard analyses, hazard control measures, ergonomics program evaluations, and records of work restrictions and the HCP’s written opinions.

Lawsuits have been filed by leading members of the business community, including the National Association of Manufacturing, the U.S. Chamber of Commerce, the National Coalition of Ergonomics, American Insurance Association and other associations with members affected by the regulation. In addition, it can still be vetoed by the new president.

The Lovell staff is here to assist you in meeting the requirements of this standard. For help, please call 212/709-8600.

J. Cary, CSP and S. Geier Fahmy, CSP