Lazzara on Automation Safeguarding A column by our president Q & A on OSHA’s Proposed Ergonomics Standard By Joe Lazzara, Scientific Technologies Inc. OSHA is preparing to issue a standard regulating exposures to ergonomics hazards in the workplace. Ergonomics hazards covers all musculoskeletal disorders (MSDs), which are defined by OSHA to be an injury or disorder of the muscles, tendons, joints, spinal discs, nerves, ligaments or cartilage. Examples would include carpal tunnel syndrome, tendinitis, and lower back pain. The goal of this proposed regulation is to eliminate, or reduce to the best extent possible, exposures to ergonomics hazards. The proposal would require employers to institute a comprehensive ergonomics program once a single injury is reported. Not surprisingly, business and labor are strongly divided on these issues. Unions have long been proponents of ergonomic programs and have lobbied hard for action. Businesses believe the proposed ergonomics rule is vague and scientifically unsound, citing a lack of consensus from the scientific and medical authorities on the causes of MSDs. Meanwhile, even Congress is upset that OSHA is moving forward with ergonomics regulation after the President and Congress agreed last year to wait until a study undertaken by the National Academy of Sciences is completed. The proposed legislation is as complex as are the issues surrounding ergonomics. For example, the summary of the draft standard is 300 pages long and the actual regulation is expected to be over 1000 pages. The following Q & A is a general overview of the proposed rule, and is provided courtesy of the American Electronics Association. Why is OSHA proposing the ergonomics standard? OSHA is proposing this standard to regulate exposures to ergonomics hazards in the workplace. OSHA is justifying this regulation through claims that one-third of all occupational injuries and illnesses are musculoskeletal disorders, which account for 626,000 lost work days and cost employers $20 billion a year. How is the draft Ergonomics Standard different from other OSHA safety and health standards? Unlike other OSHA safety and health standards, the draft ergonomics standard is job specific instead of industry specific. The draft ergonomics standard is also a performance standard, which means OSHA has set specific goals to be reached within the standard, but allows companies to use several different processes to meet these goals. In contrast, most OSHA standards are specific in the industry being regulated, the way the standard sets an outcome for improved safety and health, and in the method by which the safety and health improvements are achieved. Which jobs are covered? The draft standard covers three types of jobs: 1. All manufacturing production jobs 2. All jobs where manual handling requires forceful exertions 3. All jobs where OSHA recordable Musculoskeletal Disorders (MSDs) meeting the screening criteria of the draft Ergonomics Standard are present. What types of injuries are covered by the Draft Ergonomics Standard? The draft Ergonomics Standard covers all Musculoskeletal Disorders (MSDs). OSHA defines an MSD as an injury or disorder of the muscles, tendons, joints, spinal discs, nerves, ligaments, or cartilage. OSHA does not define MSDs to include slips, trips, and falls, being struck by objects or other similar accidents. OSHA cites Carpal Tunnel Syndrome, herniated spinal discs, tendinitis, trigger finger, and lower back pain as examples of MSDs. In addition to MSDs, the draft Ergonomics Standard covers ergonomics risk factors. OSHA defines ergonomics risk factors as force (including dynamic motion), repetition, awkward or static positions, contact stress, vibration, or cold temperatures. These risk factors are important, because the draft ergonomics standard applies to all jobs where these risk factors are present. How does the draft Ergonomics Standard require companies to address ergonomics hazards? OSHA requires a model ergonomics program to contain six program elements: 1. Management Leadership and Employee Participation 2. Hazard Information and Reporting 3. Job Hazard Analysis and Control 4. Training 5. MSD Management 6. Program Evaluation What are my responsibilities as an employer if my company has a manufacturing production job or a manual-handling job requiring forceful exertions? All companies where manufacturing production jobs or manual handling jobs exist are required to implement the first two elements (Management Leadership and Hazard Information) of the ergonomics program. In other words, if your company has either manufacturing production jobs or manual handling jobs, OSHA is requiring your company to establish a basic surveillance system for MSDs and a system for employees to report MSDs. When do the other elements of the ergonomics program apply to my company? If your company has manufacturing production or manual handling jobs, the remaining elements of the ergonomics program apply if an employee reports an MSD. The entire ergonomics program would also apply to any job in situations where an employee reports a covered MSD. OSHA defines such jobs as problem jobs. Therefore, if any employee reports an MSD, and the MSD is covered by the draft Ergonomics Standard, the job performed by the employee reporting the MSD and every other employee who is exposed to the same physical work activities and conditions is covered by the draft Ergonomics Standard. Employers are then required to implement a complete ergonomics program as defined by the standard for both the affected employee and every other employee who is exposed to the same physical work activities and conditions. What is my company’s responsibility to an employee who has an MSD? Employers are required to provide MSD management promptly whenever a covered MSD occurs, at no cost to employees. Included in the MSD management is a provision that requires employers to give employees immediate access to health care professionals (HCPs) at no cost to the employee. Employers must include the HCP in all aspects of the decision-making process concerning the employee’s health condition, job responsibilities, and workplace design. Employers must also provide employees who have an MSD with temporary work restrictions and work restriction protection (WRP). OSHA defines WRP as the maintenance of earnings and other employment rights and benefits of employees who are on temporary work restrictions as though the employees had not been placed on temporary work restrictions. OSHA further requires employers who have placed an employee on temporary work restrictions to maintain 100% of the after-tax earnings the employee was receiving. If an employee must be completely removed from a problem job, the draft Ergonomics Standard requires companies to maintain 90% of an employee’s after-tax income. How long must my company keep an employee with an MSD on a work restriction protection? An employer must keep an employee in a work restriction program until one of the following conditions is met: 1. The employee is determined to be able to return to the job 2. The employer implements measures that eliminate the MSD hazards or materially reduce them to the extent that the job does not pose a risk of harm to the injured employee during the recovery period 3. 6 months have passed OSHA has not yet determined what actions an employer should take if the employee is still injured by a MSD after six months. How often would my company have to reevaluate its ergonomics program? Companies would be required to review their ergonomics program periodically, and, at a minimum, once every three years. According to OSHA, a proper review of a company’s ergonomics program would consist of consulting with employees in problem jobs to assess their views on the effectiveness of the program and to identify any significant deficiencies in the program. Employers would also have to evaluate the elements of their ergonomics program to ensure they are functioning properly and evaluate the program to ensure it is eliminating or materially reducing MSD hazards. What type of records will my company be required to keep in order to comply with the Ergonomics Standard? Companies with 10 or more employees (which includes temporary and part-time workers) will be required to keep records on the following for three years: Employee MSD reports and the employer’s response The results of a job hazard analysis and control Quick fixes Controls implemented in problem jobs Program evaluations The MSD management process What is the next step in the regulator process? The comment period for this notice of proposed rulemaking ends on February 1, 2000. However, many business groups are already appealing to OSHA to extend this period, given the length and complexity of the draft Ergonomics Standard. OSHA is also holding hearings on the ergonomics standard from February 22-March 17 2000 in Washington, D.C. Other hearings will be held on March 21-31 in Portland, Oregon and on April 11-21 in Chicago, Illinois. No final date has been set for publishing this regulation, though OSHA would like to finalize this rule by the end of next year. Readers may wish to visit OSHA’s web site to obtain a copy of the summary document. Also, check out Sandy Smith’s article "Reviews are Mixed for New Ergonomic Standard" in last month’s Safetyonline.com. Until next month, be safe out there! Lazzara on Automation Safeguarding is a monthly column written for Safetyonline.com and Plantautomation.com Joe Lazzara is president and CEO of Scientific Technologies Inc. (STI, Fremont, CA), the largest provider of automation safeguarding solutions in North America. Lazzara began his career with Hewlett Packard in 1973 where he had responsibility for safety and environmental issues for one of HP’s largest divisions. He joined STI in 1981 as vice president and became president in 1989 and CEO in 1993. Lazzara received a bachelor’s of environmental engineering degree from Purdue University and an MBA from Santa Clara University.