OSHA publishes final ergonomic standards rules

After 12 years of research, debate, and process, OSHA's final ergonomics program standard is slated to take effect next month.

By -- Modern Materials Handling, 12/1/2000

A year ago, the Occupational Safety and Health Administration (OSHA) proposed a standard to reduce work-related musculoskeletal disorders (MSDs) in the workplace.

Since then, OSHA received more than 8,000 written public comments and listened to more than 700 witnesses testify during public hearings. Based largely on the public's participation in this process, the final standard, published in the Federal Register on Nov. 14, contains significant changes from the proposal.

The proposal called for ergonomic programs for individual jobs, rather, than workplaces with a special focus on manufacturing and manual handling jobs. The final standard covers all general industry employers, including the U.S. Postal Service, with no special focus. The standard does not apply to employment that is covered by OSHA's construction standards, maritime standards, and agriculture standards.

Two other major issues that previously generated a lot of discussion were work restriction protection and a single incident trigger. The final standard says that work restriction protection benefits last until; an employee is able to safely return to work, or a health care professional determines employee can never return to work, or 90 calendar days have passed, whichever comes first.

Under an action trigger, when an MSD or signs or symptoms are reported, an employer determines job relatedness using simple screening tools. A two-page checklist acts as a basic screening tool that identifies jobs that have ergonomic risk factors, which could lead to an MSD hazard.

According to the final ergonomics program standard, the annual costs of this standard to employers are estimated to be $4.5 billion, while the annual benefits to employers are estimated to be $9.1 billion. The annualized average cost of fixing each problem job is estimated to be $250.

Gary Orr, team leader of ergonomics proposal team at OSHA, says that the standard "more than pays for itself." He says the standard will also "get employees involved, helping employers find out where the problem is. Therefore, increasing productivity and gaining a competitive advantage."

Between Jan. 16, 2001 (the effective date of the standard) and Oct. 14, 2001, employers are required to provide basic information to their employees about MSDs. No other action is necessary during those 11 mo.

After that time, employers must begin receiving and responding to employee reports of MSD signs and symptoms and determine if they constitute an MSD incident. The time frames for meeting the other provisions of the standard depend on when an MSD incident is reported and the job is determined to meet the action trigger.

OSHA is providing employers with a range of assistance to help them comply with the ergonomic program standard. This includes information available on OSHA's Web site, www.osha.gov , technical information, free assistance, and education.

According to Orr, OSHA has done its part in getting the final standard published. However, any party opposed to the standard may challenge the rule in court over the next 60 days-the period between the published date and the effective date. The court can vacate the rule if not supported by substantial evidence. The party who files the suit may also ask OSHA to stay the rule until the case is decided. If OSHA denies such a request, the party can ask the court for a stay.

The rule can also be overturned under the Congressional Review Act. If a resolution of disapproval is passed by both houses of Congress and is signed by the President, the rule is nullified. The rule could also be withdrawn or modified by further agency action. If a new administration is dissatisfied with the standard, it can propose to revoke or modify the standard.

Any such action would require public notice and comment, and the amendment or revocation would be subject to judicial review.