REMEMBER?
Osha ergonomics final rule (2000)?
Here ya go...
From the Clinton era following busy hearings and heavy debates in 1998-99-2000, culminating in a Clinton Executive Order to implement an OSHA Ergonomics Final Rule... then promptly cancelled by a newly-elected Republican Congress in 2001.... now, likely to be revived by newly-elected Democratic leadership as of 2009...
1910.900 Ergonomics program standard.
Subpart W -- Program Standards
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(a) What is the purpose of this standard?
The purpose of this standard is to reduce the number and severity of musculoskeletal disorders (MSDs) caused by exposure to risk factors in the workplace. This standard does not address injuries by slips, trips, falls, vehicle accidents, or similar accidents.
(b) Does this standard apply to all employers?
This standard covers all employers covered by the Act with the following exceptions:
(1) This standard does not apply to employment covered by the following OSHA standards, or employment such as office and support services directly related to that employment:
(i) OSHA's construction standards in Part 1926 of this Chapter;
(ii) OSHA's maritime standards in Part 1915, 1917, or 1918 of this Chapter; or
(iii) OSHA's agriculture standards in Part 1928 of this Chapter.
(2) This standard does not apply to railroad operations
(c) How does this standard apply if I already have an ergonomics program in place when the OSHA ergonomics program standard becomes effective?
(1) You may continue to implement your program instead of complying with paragraphs (d) through (y) of this section, provided that your program is written, complies with the requirements of paragraph (c) of this section, has been implemented before [insert date of publication in the FEDERAL REGISTER], and contains the following program elements:
(i) Management leadership, as demonstrated by an effective MSD reporting system and prompt responses to reports, clear program responsibilities, and regular communication with employees about the program;
(ii) Employee participation, as demonstrated by the early reporting of MSDs and active involvement by employees and their representatives in the implementation, evaluation, and future development of your program;
(iii) Job hazard analysis and control, as demonstrated by a process that identifies, analyzes, and uses feasible engineering, work practice, and administrative controls to control MSD hazards or to reduce MSD hazards to the levels below those in the hazard identification tools in Appendix D to this section or to the extent feasible, and evaluates controls to assure that they are effective;
(iv) Training of managers, supervisors, and employees (at no cost to these employees) in your ergonomics program and their role in it; the recognition of MSD signs and symptoms; the importance of early reporting; the identification of MSD hazards in jobs in your workplace; and the methods you are taking to control them; and
(v) Program evaluation, as demonstrated by regular reviews of the elements of the program and of the effectiveness of the program as a whole, using such measures as reductions in the number and severity of MSDs, increases in the number of jobs in which MSD hazards have been controlled, or reductions in the number of jobs posing MSD hazards to employees; and the correction of identified deficiencies in the program. At least one review of the elements and effectiveness of the program must have taken place prior to [insert date 60 days after the publication date of this standard.]
(2) By [Insert date one year after the effective date of this standard], you must have implemented a policy that provides MSD management as specified in paragraphs (p), (q), (r), and (s) of this section.
(3) An employer who has policies or procedures that discourage employees from participating in the program or reporting the signs or symptoms of MSDs or the presence of MSD hazards in the workplace does not qualify for grandfather status under paragraph (c) of this section.
(d) If the standard applies to me, what initial action must I take?
(1) You must provide each current and each new employee basic information about:
(i) Common musculoskeletal disorders (MSDs) and their signs and symptoms;
(ii) The importance of reporting MSDs and their signs and symptoms early and the consequences of failing to report them early;
(iii) How to report MSDs and their signs and symptoms in your workplace;
(iv) The kinds of risk factors, jobs and work activities associated with MSD hazards;
(v) A short description of the requirements of OSHA's ergonomics program standard.
(2) You must make available to the employee a summary of the requirements of this standard.
(3) You must provide the information in written form or, if all employees have access, in electronic form. You must provide the information to new employees within 14 days of hiring. You must post the information in a conspicuous place in the workplace (e.g., employee bulletin board or, if all employees have access, electronic posting).
Note to paragraph (d): You may use the information sheet in non-mandatory Appendix A to this section to comply with paragraphs (d)(1) of this section and the summary sheet in non-mandatory Appendix B to this section to comply with paragraph (d)(2) of this section.
(e) What must I do when an employee reports MSD or signs or symptoms of an MSD?
(1) You must promptly determine whether the reported MSD or MSD signs or symptoms qualify as an MSD incident. You may request the assistance of a Health Care Professional (HCP) in making this determination. A report is considered an MSD incident in the following two cases:
(i) The MSD is work-related and requires days away from work, restricted work, or medical treatment beyond first aid; or
(ii) The MSD signs or symptoms are work-related and last for 7 consecutive days after the employee reports them to you.
(2) If the employee has experienced an MSD incident, you must determine whether the job meets the standard's Action Trigger. See paragraph (f) of this section.
(f) How do I determine whether the employee's job meets the Action Trigger?
(1) A job meets the Action Trigger if:
(i) An MSD incident has occurred in that job; and
(ii) 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 the Basic Screening Tool in Table W-1.
(2) If employee's job does not meet the Action Trigger, you do not need to take further action.
(g) What actions must I take if the employee's job meets the Action Trigger?
For employee's job and all jobs in the establishment that are same as that job, you must either:
(1) Comply with the Quick Fix option in paragraph (o) of this section, or
(2) Develop and implement an ergonomics program that includes the following elements:
(i) Management leadership as specified in paragraph (h) of this section;
(ii) Employee participation as specified in paragraph (i) of this section;
(iii) MSD management as specified by paragraphs (p), (q), (r), and (s) of this section;
(iv) Job hazard analysis as specified by paragraph (j) of this section;
(v) Hazard reduction and control measures as specified in paragraphs (k), (l), and (m) of this section, and evaluations as specified in paragraph (u) of this section, if the job hazard analysis determines that the job presents an MSD hazard;
(vi) Training as specified in paragraph (t) of this section.
(h) What must I do to demonstrate management leadership? You must:
(1) Assign and communicate responsibilities for setting up and managing ergonomics program;
(2) Provide designated persons with the authority, resources, and information necessary to meet their responsibilities;
(3) Ensure that your policies and practices encourage and do not discourage:
(i) The early reporting of MSDs, their signs and symptoms, and MSD hazards; and
(ii) Employee participation in the ergonomics program;
(4) Communicate periodically with employees about the ergonomics program and their concerns about MSDs.
(i) What must I do to ensure employee participation in my program?
You must ensure that employees and their representatives:
(1) Have ways to promptly report MSDs, signs, symptoms, and hazards in your workplace;
(2) Receive prompt responses to their reports of MSDs, signs symptoms, and MSD hazards;
(3) Are provided with a summary of the requirements of this standard, as specified in paragraph (d)(2) of this section, and have ready access to a copy of this standard and to information about MSDs, MSD signs and symptoms, MSD hazards, and your program; and
(4) Have ways to be involved in the development, implementation, and evaluation of your ergonomics program.
(j) What must I do to determine whether a job that meets the Action Trigger poses an MSD hazard to employees in that job?
(1) You must conduct a job hazard analysis for that job. You may rely on an analysis previously conducted in accordance with this section to the extent it is still relevant.
(2) Your 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, and include the following steps:
(i) Talk with those employees and their representatives about the tasks the employees perform that may relate to MSDs; and
(ii) Observe 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.
(3) You must use one or more of the following methods or tools to conduct this analysis:
(i) One or more of the hazard identification tools listed in Appendix D-1 to this section, if the tools are relevant to the risk factors being addressed;
(ii) The occupation-specific hazard identification tool in Appendix D-2 to this section;
(iii) A job hazard analysis conducted by a professional trained in ergonomics; or
(iv) Other reasonable method that is appropriate to job and relevant to risk factors addressed.
(4) If you determine that there is an MSD hazard in the job, job will be termed a "problem job."
Note to paragraph (j): If you determine that the MSD hazards pose a risk only to the employee who reported the MSD, you may limit your job controls, training and evaluation to that individual employee's job.
(k) What is my obligation to reduce MSD hazards in a problem job?
(1) You must:
(i) Control MSD hazards; or
(ii) Reduce MSD hazards in accordance with or to levels below those in the hazard identification tools in Appendix D to this section; or
(iii) If you cannot reduce MSD hazards in accordance with paragraphs (k)(1)(i) or (k)(1)(ii) of this section, you must do the following:
(A) Reduce MSD hazards to the extent feasible;
(B) At least every 3 years, assess the job and determine whether there are additional feasible controls that would control or reduce MSD hazards; and
(C) If such controls exist, implement them until you have reduced the MSD hazards in accordance with paragraphs (k)(1)(i) or (k)(1)(ii) of this section.
(2) If a work-related MSD occurs in a job whose hazard(s) you have reduced to the levels specified in paragraph (k)(1) of this section, you must:
(i) Ensure that appropriate controls are still in place, functioning, and being used properly, and
(ii) Determine whether new MSD hazards exist and, if so, take steps to reduce the hazards as specified in paragraph (m) of this section.
Note:The occurrence of an MSD in a problem job is not in itself a violation of this standard.
(l) What kinds of controls must I use to reduce MSD hazards?
(1) For each problem job, you must use 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.
(2) You may use personal protective equipment (PPE) to supplement engineering, work practice or administrative controls, but you may use PPE alone only where other controls are not feasible. Where you use PPE, you must provide it at no cost to employees.
(m) What steps must I take to reduce MSD hazards? You must:
(1) Ask employees in the problem job to recommend control measures to reduce MSD hazards;
(2) Identify and implement initial controls within 90 days after you determine that the job meets the Action Trigger. Initial controls mean controls that substantially reduce the exposures even if they do not reach the levels specified in paragraph (k)(1) of this section.
(3) Identify and implement permanent controls that meet the levels specified in paragraph (k)(1) of this section within 2 years after you determine that a job meets the Action Trigger, except that initial compliance can take up to [insert four years after the effective date of this standard] whichever is later.
(4) Track your progress and ensure that your 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, you must use the process in paragraphs (m)(1) and (m)(2) of this section to identify additional control measures that are appropriate and implement any such measures identified.
(n) [Reserved]
(o) May I use a Quick Fix instead of setting up a full ergonomics program?
(1) You may use a Quick Fix for a job if your employees have experienced no more than one MSD incident in that job, and there have been no more than two MSD incidents in your establishment, in the preceding 18 months.
(2) To use a Quick Fix, you must:
(i) Provide MSD management required by paragraphs (p), (q), (r), and (s) of this section, as appropriate, to employee promptly after you determine that job meets the Action Trigger;
(ii) Talk with employees in the job and their representatives about the tasks the employees perform that may relate to the MSD incident; and
(iii) Observe employees performing the job to identify which risk factors are likely to have caused the MSD incident;
(iv) Ask the employee(s) performing the job and their representatives to recommend measures to reduce exposure to the MSD hazards identified;
(v) Within 90 days of your determination that the job meets the Action Trigger in paragraph (e) of this section, implement controls in the job in accordance with paragraph (l) of this section that control the MSD hazards or reduce MSD hazards in accordance with or to levels below those in the hazard identification tools in Appendix D to this section, and train the employee(s) in the use of these controls;
(vi) Within 30 days after you implement the controls, review the job to determine whether you have reduced the MSD hazards to the levels specified in paragraph (o)(2)(v) of this section; and
(vii) Keep a record of the Quick Fix process for each job to which it is applied. You must keep the record for 3 years.
(3) If you determine that you have reduced the MSD hazards to the levels specified in paragraph (o)(2)(v) of this section, you need take no further action except to maintain controls, the training related to those controls, and recordkeeping.
(4) If you have not reduced MSD hazards to the levels specified in paragraph (o)(2)(v) of this section, you must implement ergonomics program, as specified in paragraph (g) of this section.
(p) What MSD management process must I implement for an employee who experiences an MSD incident in a job that meets the Action Trigger?
(1) You must provide the employee with prompt and effective MSD management at no cost to the employee. MSD management must include:
(i) Access to a Health Care Professional (HCP);
(ii) Any necessary work restrictions, including time off work to recover;
(iii) Work restriction protection; and
(iv) Evaluation and follow-up of the MSD incident.
(2) You must obtain a written opinion from the HCP for each evaluation conducted under this standard, and provide a copy to the employee. You 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.
(3) Whenever an employee consults an HCP for MSD management, you must provide the HCP with the following:
(i) A description of the employee's job and information about the physical work activities, risk factors and MSD hazards in the job;
(ii) A copy of this standard; and
(iii) A list of information that the HCP's opinion must contain.
(q) What information must the HCP's opinion contain?
The HCP's opinion must contain:
(1) 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;
(2) Any recommended work restrictions, including, if necessary, time off work to recover, and any follow-up needed;
(3) 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
(4) A statement that the HCP has informed the employee about work-related or other activities that could impede recovery from the injury.
(r) What must I do if temporary work restrictions are needed?
(1) If an employee experiences an MSD incident in a job that meets the Action Trigger, you 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 you determine to be necessary.
(2) Whenever you place limitations on the work activities of the employee in his or her current job or transfer the employee to a temporary alternative duty job in accordance with paragraph (r)(1) of this section, you must provide that employee with Work Restriction Protection, which maintains the employee's employment rights and benefits, and 100% of his or her earnings, until the earliest of the following three events occurs:
(i) The employee is able to resume the former work activities without endangering his or her recovery; or
(ii) An HCP determines, subject to the determination review provisions in paragraph (s) of this section, that the employee can never resume his or her former work activities; or
(iii) 90 calendar days have passed.
(3) Whenever an employee must take time off from work in accordance with paragraph (r)(1) of this section, you must provide that employee with Work Restriction Protection, which maintains the employee's employment rights and benefits and at least 90% of his or her earnings until the earliest of the following three events occurs:
(i) The employee is able to return to the former job without endangering his or her recovery;
(ii) An HCP determines, subject to the determination review provisions in paragraph (s) of this section, that the employee can never return to the former job; or
(iii) 90 calendar days have passed.
(4) You may condition the provision of WRP on the employee's participation in the MSD management that this standard requires.
(5) Your 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.
Note to paragraph (r): 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% of the employee's earnings.
(s) What must I do if the employee consults his or her own HCP?
(1) If you select 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 second opinion;
(2) If your HCP and the employee's HCP disagree, you 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;
(3) If the two HCPs are unable to resolve their disagreement quickly, you and the employee, through your respective HCPs, must, within 5 business days after receipt of the second HCP's opinion, designate third HCP to review determinations of the two HCPs, at no cost to employee;
(4) You must act consistently with determination of the third HCP, unless you and the employee reach an agreement that is consistent with the determination of at least one of the HCPs;
(5) You 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 in paragraph (s) of this section.
(t) What training must I provide to employees?
(1) You must provide initial training, and follow-up training every 3 years, for:
(i) Each employee in a job that meets the Action Trigger;
(ii) Each of their supervisors or team leaders; and
(iii) Other employees involved in setting up and managing your ergonomics program.
(2) The training required for each employee and each of their supervisors or team leaders must address the following topics, as appropriate:
(i) The requirements of the standard;
(ii) Your ergonomics program and the employee's role in it;
(iii) The signs and symptoms of MSDs and ways of reporting them;
(iv) The risk factors and any MSD hazards in the employee's job, as identified by the Basic Screening Tool in Table W-1 and the job hazard analysis;
(v) Your plan and timetable for addressing the MSD hazards identified;
(vi) The controls used to address MSD hazards; and
(vii) Their role in evaluating the effectiveness of controls .
(3) The training for each employee involved in setting up and managing the ergonomics program must address the following:
(i) Relevant topics in paragraph (t)(2) of this section;
(ii) How to set up, manage, and evaluate an ergonomics program;
(iii) How to identify & analyze MSD hazards, select & evaluate measures to reduce hazards
(4) You must provide initial training to:
(i) Each employee involved in setting up and managing your ergonomics program within 45 days after you have determined that employee's job meets Action Trigger;
(ii) Each current employee, supervisor and team leader within 90 days after you determine that the employee's job meets the Action Trigger;
(iii) Each new employee or current employee prior to starting a job that you have already determined meets the Action Trigger;
(5) You do 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 3 years.
(6) You must provide the training required by paragraph (t) of this section in language that the employee understands. You must also give the employee an opportunity to ask questions about your ergonomics program and the content of the training and receive answers to those questions.
(u) What must I do to make sure my ergonomics program is effective?
(1) You must evaluate your ergonomics program at least every 3 years as follows:
(i) Consult with your employees in the program, or a sample of those employees, and their representatives about effectiveness of the program and any problems with program
(ii) Review the elements of the program to ensure they are functioning effectively;
(iii) Determine whether MSD hazards are being identified and addressed; and
(iv) 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, or any other measure that demonstrates program effectiveness.
(2) You must also evaluate your program, or a relevant part of it, when you have reason to believe that the program is not functioning properly.
(3) If your evaluation reveals deficiencies in your program, you must promptly correct.
Note to paragraph (u): The occurrence of an MSD incident in a problem job does not in itself mean that the program is ineffective.
(v) What is my recordkeeping obligation?
(1) If you have 11 or more employees, including part-time or temporary employees, you must keep written or electronic records of the following:
(i) Employee reports of MSDs, MSD signs and symptoms, and MSD hazards,
(ii) Your response to such reports,
(iii) Job hazard analyses,
(iv) Hazard control measures,
(v) Quick fix process,
(vi) Ergonomics program evaluations, and
(vii) Work restrictions, time off of work, and HCP opinions.
(2) You must provide all records required by this standard, other than the HCP opinions, upon request, for examination and copying, to employees, their representatives, the Assistant Secretary and the Director in accordance with the procedures and time periods provided in §1910.1020(e)(1), (e)(2)(i), (e)(3), and (f).
(3) You 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 the Assistant Secretary and the Director in accordance with the procedures and time periods provided in §1910.1020(e)(1), (e)(2)(ii), (e)(3), and (f).
(4) You must keep all records for 3 years or until replaced by updated records, , except the HCP's opinion, which you must keep for the duration of the employee's employment plus 3 years.
(5) You do 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 you provide the employee with the records at the end of his or her employment.
(w) When does this standard become effective?
This standard becomes effective [insert date 60 days after publication date of rule].
(x) When must I comply with the provisions of the standard?
(1) You must provide the information in paragraph (d) of this section to your employees by [insert date 11 months after the date of publication]. After that date you must respond to employee reports of MSDs and signs and symptoms of MSDs.
(2) You must meet the time frames shown in Table W-2 for the other requirements of this section, when you have determined that an employee has experienced an MSD incident, in accordance with paragraph (e) of this section.
TABLE W-1 Work risk factors that qualify an Action Trigger are summarized below.
1.Repeating same motion every few seconds, or a cycle of motions more than twice per minute at more than two consecutive hours in a day.
2.Keyboard or mouse input more than four hours total per day.
3.Lifting more than 75 lbs once in a day; more than 55 lbs more 10 times per day; more than 25 lbs below knees or above shoulders or at arm’s length more than 25 times per day.
4.Pushing or pulling more than 20 lbs initial force (equivalent to about 200 lbs pushed in a shopping cart) more than two hours total in a day.
5.Pinching an unsupported object weighing 2 lbs more that two hours total per day.
6.Gripping an unsupported object weighing 10 lbs (equivalent to crushing an aluminum soda can) for two hours total per day.
7.Repeated or sustained arms above head or elbows above shoulders more than two hours total per day.
8.Kneeling or squatting more than two hours per day total.
9.Working with lower back, neck or wrist bent or twisted more than two hours per day.
10. Contact stress (using hand or knee to hammer) more than two hours per day total.
11. Use of high vibration tool (e.g., chainsaw) more than 30 minutes total per day.
12.Use of moderate vibration tool (e.g., palm sander) more than two hours per day.
TABLE W-2…..COMPLIANCE TIME FRAMES
>Paragraph (e), (f): Determination of Action Trigger
Within 7 calendar days after you determine that the employee has experienced an MSD.
>Paragraphs (p),(q),(r),(s): MSD Management
Initiate within 7 calendar days after you determine that a job meets Action Trigger.
>Paragraph (h) & (i): Management Leadership and Employee Participation
Initiate within 30 calendar days after you determine that a job meets Action Trigger.
>Paragraph (t)(4)(i): Train Employees involved in setting up and managing ergo program
Within 45 calendar days after you determine that a job meets the Action Trigger.
>Paragraph (j): Job Hazard Analysis
Initiate within 60 calendar days after you determine that a job meets Action Trigger.
>Paragraph (m)(2): Implement Initial Controls
Within 90 calendar days after you determine that a job meets the Action Trigger
>Paragraph (t)(5)(ii): Train current employees, supervisors or team leaders
Within 90 calendar days after you determine employee's job meets Action Trigger.
>Paragraph (m)(3): Implement Permanent Controls
Within 2 years after you determine that job meets Action Trigger, except initial compliance can take up to [insert date 4 years, 60 days after the date of publication] whichever later.
>Paragraph (u): Program Evaluation
Within 3 years after you determine that a job meets the Action Trigger
