Executive Order (EO) 12866, issued by the Clinton Administration on September 30, 1993, requires Federal agencies to conduct preliminary economic analyses to accompany all significant proposed rules. The EO designates any proposed rule that is projected to have an annual effect on the economy of $100 million or more as an economically significant rule. OSHA's proposed ergonomics program standard meets this criterion and has therefore been identified by the Office of Management and Budget (OMB) as an economically significant rule. Accordingly, the Office of Regulatory Analysis within the Occupational Safety and Health Administration has developed this preliminary economic analysis for the proposed rule.

The purpose of this preliminary analysis is to identify the establishments and industries potentially affected by the rule; evaluate its costs, benefits, and economic impacts; assess the technological and economic feasibility of the proposed standard for affected establishments and industries; evaluate the appropriateness of regulatory and non-regulatory alternatives to the rule; and respond to the comments of the Panel convened for this rule under the Small Business Regulatory Fairness Enforcement Act (SBREFA).

In addition, in accordance with the Regulatory Flexibility Act (as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA)), this analysis identifies and estimates the impacts of the proposed rule on small businesses, using both the Small Business Administration's (SBA's) definition of small business and several additional size thresholds. Further, as agreed to in the SBREFA Panel Report's Findings and Recommendations (Ex.23), OSHA specifically responds in this preliminary economic analysis to requests made by the Panel for additional data, further information and other analyses. This introductory chapter of the preliminary economic analysis describes the need for the proposed ergonomics program standard, discusses the major provisions of the proposal, provides a table of ergonomic standards and guidelines published by other countries and international organizations, and outlines the structure of the preliminary economic analysis that follows.

THE NEED FOR AN ERGONOMICS PROGRAM STANDARD

The standard OSHA is proposing today applies to general industry employers whose employees engage in manual handling or manufacturing production operations and to other general industry employers whose employees experience a covered MSD, as defined by the proposed standard. A covered MSD is an OSHA-recordable MSD that occurs in a job in which the physical work activities and conditions are reasonably likely to cause or contribute to an MSD of the type reported or to aggravate such a pre-existing MSD. In addition, the term "covered MSD," as it applies to manufacturing and manual handling jobs, also refers to persistent symptoms of MSDs that are reported to the employer, where the employer has knowledge that MSD hazards exist in the job occupied by the reporting employee. Persistent symptoms are defined as those lasting for 7 or more consecutive days. Covered MSDs may include those involving the upper extremities, back, and/or lower extremities.

The most recent data available, from the Bureau of Labor Statistics (BLS) Annual Survey of Occupational Injuries and Illnesses for 1997, reports that 626,000 U.S. workers experienced musculoskeletal disorders serious enough to require time away from work for recuperation in that year (Ex. 26-1413). In addition to these lost workday MSDs, OSHA estimates that, on average across all of general industry, about two times as many non-workday cases involving work-related MSDs occur every year in U.S. workplaces.

In some general industry sectors, lost workday MSD rates reached 37 cases per 1,000 full-time equivalent (FTE) workers in 1997, and in many others, annual incidence rates were greater than 10 per 1,000 FTE (BLS 1997). If these annual risks are converted into working lifetime risks (assuming a 45-year working lifetime), the risks of experiencing a lost workday MSD faced by general industry employees over the course of their working life range from 24 to 813 per 1,000 workers, depending on the particular industry in which the worker is employed. By any reasonable definition, these risks of material impairment are significant. Another indicator of the significance of work-related MSDs to the economy is the fact that employers annually pay out, in direct workers' compensation costs, between $15-$18 billion, or about 1 dollar of every 3 workers' compensation dollars. When indirect costs are added to this figure, the annual costs to employers are likely to reach $45-$54 billion.

The evidence available to date clearly demonstrates that ergonomic risk factors -- such as manual handling, repetitive motion, excessive force, static or awkward postures, and vibration -- are present in all general industry workplaces, including small, medium, and large workplaces. In today's workplace, the pace of work, the specialization of work, and continued reliance on unassisted manual handling require many workers to apply excessive force, perform too many lifts and carries, and repeat similar motions too often. Many studies in the Health Effects section of the preamble demonstrate the presence of these risk factors in the workplace, and many biomechanical studies show the effects on the soft tissues of the body of these external forces: tissue damage, pathophysiology, and outright disease.

Market mechanisms have been inadequate to address these risks. Although many firms, particularly larger firms, have addressed ergonomic risk factors and substantially reduced their MSD rates, many firms have not. Approximately 50% of all general industry employees work in establishments that have not yet addressed ergonomic risk factors. Chapter VIII discusses some of the reasons why market mechanisms have not been adequate to assure that employers address ergonomic risk factors.

THE PROPOSED STANDARD

The proposed ergonomics program standard is the first OSHA health standard to be written in the question-and answer plain language style. The proposal uses personal pronouns; for example, "you" refers to the employer. Thus, just on the basis of format and style alone, this proposed standard represents a major departure from other OSHA standards. Appendix I-A to this chapter presents the proposed standard for ease of reference.

The proposal differs from previous standards in other important respects as well. First, as Table I-1 shows, the proposal's focus on workplaces where problems are severe and solutions are well-understood means that the scope is considerably narrower than the scope of most OSHA health standards. Second, the standard requires only a minority of covered employers to set up a "basic" program, consisting essentially of those program elements necessary to be sure that the mechanisms needed to respond to a MSD, if one should occur, are in place. However, this group of employers (i.e., those covered initially only by the basic program) will, over time, account for

Table I-1. Major Provisions of the Proposed Ergonomics Program Required by the Proposed Standard and Provisions Comprising the Basic Program and the Full Program

the majority of MSDs covered by this standard and be required, when these MSDs occur, to implement a full ergonomics program.

The proposed standard does not use the terms "basic program" and "full program"; however, the economic analysis uses these terms because they are a convenient way of describing which employers within the scope of the standard are implementing which ergonomics program elements at any given time. The elements of the basic program include management leadership and employee participation, and hazard information and reporting. Only if an MSD occurs that the employer determines is covered by the standard is the full ergonomics program triggered. Third, because the proposed standard relies on the occurrence of a covered MSD to trigger the full program, the standard also allows employers whose employees have not experienced a covered MSD in three years while working in controlled jobs to discontinue the full program for those jobs. As a result of these provisions, the number of establishments, employees, and problem jobs covered by the standard varies from one year to the next. Table I-1 shows the major provisions of the proposed standard and the provisions comprising the basic program and the full program.

In addition, the proposed standard is a program standard, i.e., one that requires employers to establish a basic framework with widely agreed-upon core elements but leaves employers free to provide many of the workplace-specific details. The ergonomics program that would be mandated by the standard is modeled closely after programs that employers in industry have implemented voluntarily for years, and with great success. The proposed standard is thus flexible and designed to be fleshed out by employers to suit their individual workplaces and the conditions found there.

The program elements that would be required by the proposed standard, depending on whether an employer has a basic or full program, are in addition to recordkeeping requirements:

• Management leadership and employee participation

• Hazard information and reporting

• Job hazard analysis and control

• Training

• MSD management

• Program evaluation.

These program elements are included in the proposal because there is widespread agreement in studies by the National Institute for Occupational Safety and Health (NIOSH), the National Research Council (NRC), the General Accounting Office (GAO), reports from employers and several professional societies, and OSHA's own experience with its Ergonomics Program Management Guidelines for Meatpacking Plants and with many corporate settlement agreements that these elements are effective in reducing the number and severity of musculoskeletal disorders in the workplace.

The proposed standard also includes several flexible provisions, including:

• A grandfather clause for employers with established, effective ergonomics programs that meet the basic obligation of each of the program elements

• A Quick Fix provision that allows employers a way out of establishing a full program if they can, within 90 days of the occurrence of a covered MSD in a problem job, eliminate the hazard causing the MSD

• A flexible method-of-compliance provision that recognizes that it is not always possible to select the right control the first time and may be necessary to try several before selecting the right solution

• A provision that permits those employers who have controlled a problem job to maintain those controls but otherwise to drop back either to the basic program or even to no program at all if the employee in that job has not experienced a covered MSD in the previous three years.

OSHA believes that these features, along with the proposed standard's narrowly defined scope, widely accepted program approach, and plain language format, will facilitate compliance by employers of all sizes and provide their employees with the protection they need against the ergonomics hazards that are so prevalent in U.S. workplaces today.

ERGONOMICS STANDARDS AND GUIDELINES DEVELOPED BY OTHER NATIONS,
ORGANIZATIONS, AND INTERNATIONAL STANDARDS-SETTING BODIES

Work-related MSDs are an international problem, affecting workers everywhere who perform manual handling or the repetitive, forceful, awkward jobs associated with the production-line pace of modern work. Many countries and organizations have responded to the high human and economic costs of MSDs by issuing guidelines and promulgating rules and regulations addressing these hazardous working conditions. The following table (Table I-2) lists these standards and guidelines and shows that OSHA is a latecomer to ergonomics regulation.

Click here for Table I-2

ORGANIZATION OF THIS PRELIMINARY ECONOMIC ANALYSIS

This economic analysis has been developed to support OSHA's proposed ergonomics program standard. In addition to this Introduction, it contains the following chapters:

• Chapter II, Industrial Profile

• Chapter III, Technological Feasibility

• Chapter IV, Benefits

• Chapter V, Costs of Compliance

• Chapter VI, Economic Feasibility

• Chapter VII, Economic Impacts and Initial Regulatory Flexibility Analysis

• Chapter VIII, Assessment of Non-Regulatory Alternatives.

The Proposed Standard

General Industry

The Occupational Safety and Health Administration proposes to amend Part 1910 of title 29 of the Code of Federal Regulations as follows:

PART 1910 - [AMENDED]

1. New Subpart Y of 29 CFR Part 1910 is added to read as follows:

Subpart Y - Ergonomics Program Standard

Authority: Secs. 4, 6 and 8, Occupational Safety and Health Act, (29 U.S.C. 653, 655, 657), Secretary of Labor's Orders Nos. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), or 6-96 (62 FR 111), as applicable; and 29 CFR Part 1911.

§1910.900

Table of contents.

This section is the table of contents for the sections in Subpart Y:

DOES THIS STANDARD APPLY TO ME?

Sec.

HOW DOES THIS STANDARD APPLY TO ME?

MANAGEMENT LEADERSHIP AND EMPLOYEE PARTICIPATION

HAZARD INFORMATION AND REPORTING

JOB HAZARD ANALYSIS AND CONTROL

TRAINING

MSD MANAGEMENT

PROGRAM EVALUATION

WHAT RECORDS MUST I KEEP?

WHEN MUST MY PROGRAM BE IN PLACE?

DEFINITIONS

§1910.901   Does this standard apply to me?

This standard applies to employers in general industry whose employees work in "manufacturing jobs" or "manual handling jobs," or report "musculoskeletal disorders (MSDs)" that meet the criteria of this standard. This standard applies to the following "jobs":

(a) Manufacturing jobs. Manufacturing jobs are production jobs in which employees perform the "physical work activities" of producing a product and in which these activities make up a significant amount of their worktime;

(b) Manual handling jobs. Manual handling jobs are jobs in which employees perform forceful lifting/lowering, pushing/pulling, or carrying. Manual handling jobs include only those jobs in which forceful manual handling is a core element of the employee's job; and

NOTE TO paragraphs (a) and (b): Although each manufacturing and manual handling job must be considered on the basis of its actual physical work activities and conditions, the definitions section of this standard (§1910.945) includes a list of jobs that are typically included in and excluded from these definitions.

(c) Jobs with a musculoskeletal disorder. Jobs with an MSD are those jobs in which an employee reports an MSD that meets all of these criteria:

(1) The MSD is reported after [the effective date of the final rule];

(2) The MSD is an "OSHA recordable MSD," or one that would be recordable if "you" were required to keep OSHA injury and illness records; and

(3) The MSD also meets the screening criteria in §1910.902.

NOTE TO paragraph (c): In this standard, the term "covered MSD" refers to a musculoskeletal disorder that meets the requirements of this section.

§1910.902  Does this standard allow me to rule out some MSDs?

Yes. The standard only covers those OSHA recordable MSDs that also meet these screening criteria:

(a) The physical work activities and conditions in the job are reasonably likely to cause or contribute to the type of MSD reported; and

(b) These activities and conditions are a core element of the job and/or make up a significant amount of the employee's worktime.

§1910.903  Does this standard apply to the entire workplace or to other workplaces in the company?

No. This standard is job-based. It only applies to the jobs specified in §1910.901, not to your entire workplace or to other workplaces in your company.

§1910.904  Are there areas this standard does not cover?

Yes. This standard does not apply to agriculture, construction or maritime operations.

§1910.905  What are the elements of a complete ergonomics program?

In this standard, a full "ergonomics" program consists of these six program elements:

(a) Management Leadership and Employee Participation;

(b) Hazard Information and Reporting;

(c) Job Hazard Analysis and Control;

(d) Training;

(e) "MSD Management," and

(f) Program Evaluation.

§1910.906  How does this standard apply to manufacturing and manual handling jobs?

You must:

(a) Implement the first two elements of the ergonomics program (Management Leadership and Employee Participation, and Hazard Information and Reporting) even if no MSD has occurred in those jobs.

(b) Implement the other program elements when either of the following occurs in those jobs (unless you "eliminate MSD hazards" using the Quick Fix option in §1910.909):

(1) A covered MSD is reported; or

(2) "Persistent MSD symptoms" are reported plus:

(i) You "have knowledge" that an MSD hazard exists in the job;

(ii) Physical work activities and conditions in the job are reasonably likely to cause or contribute to the type of "MSD symptoms" reported; and

(iii) These activities and conditions are a core element of the job and/or make up a significant amount of the employee's worktime.

NOTE TO §1910.906: "Covered MSD" refers to MSDs that meet the criteria in §1910.901(c). As it applies to manufacturing and manual handling jobs, "covered MSD" also refers to persistent MSD symptoms that meet the criteria of this section.

§1910.907  How does this standard apply to other jobs in general industry?

In other jobs in general industry, you must comply with all of the program elements in the standard when a covered MSD is reported (unless you eliminate the MSD hazards using the Quick Fix option).

§1910.908  How does this standard apply if I already have an ergonomics program?

If you already have an ergonomics program for the jobs this standard covers, you may continue that program, even if it differs from the one this standard requires, provided you show that:

(a) Your program satisfies the basic obligation section of each program element in this standard, and you are in compliance with the recordkeeping requirements of this standard (§§1910.939 and 1910.940);

(b) You have implemented and evaluated your program and controls before [the effective date of the final rule]; and

(c) The evaluation indicates that the program elements are functioning properly and that you are in compliance with the control requirements in §1910.921.

§1910.909  May I use a Quick Fix instead of setting up a full ergonomics program?

Yes. A Quick Fix is a way to fix a "problem job" quickly and completely. If you "eliminate MSD hazards" using a Quick Fix, you do not have to set up the full ergonomics program this standard requires. You must do the following when you Quick Fix a problem job:

(a) Promptly make available the MSD management this standard requires;

(b) Consult with employee(s) in the problem job about the physical work activities or conditions of the job they associate with the difficulties, observe the employee(s) performing the job to identify whether any risk factors are present, and ask employee(s) for recommendations for eliminating the MSD hazard;

(c) Put in Quick Fix controls within 90 days after the covered MSD is identified, and check the job within the next 30 days to determine whether the controls have eliminated the hazard;

(d) Keep a record of the Quick Fix controls; and

(e) Provide the hazard information this standard requires to employee(s) in the problem job within the 90-day period.

NOTE TO §1910.909: If you show that the MSD hazards only pose a risk to the employee with the covered MSD, you may limit the Quick Fix to that individual employee's job.

§1910.910  What must I do if the Quick Fix does not work?

You must set up the complete ergonomics program if either of these occurs:

(a) The Quick Fix controls do not eliminate the MSD hazards within the Quick Fix deadline (within 120 days after the covered MSD is identified); or

(b) Another covered MSD is reported in that job within 36 months.

NOTE TO §1910.910: EXCEPTION: If a second covered MSD occurs in that job resulting from different physical work activities and conditions, you may use the Quick Fix a second time.

§1910.911  What is my basic obligation?

You must demonstrate management leadership of your ergonomics program. Employees (and their designated representatives) must have ways to report "MSD signs" and "MSD symptoms;" get responses to reports; and be involved in developing, implementing and evaluating each element of your program. You must not have policies or practices that discourage employees from participating in the program or from reporting MSDs signs or symptoms.

§1910.912  What must I do to provide management leadership?

You must:

(a) Assign and communicate responsibilities for setting up and managing the ergonomics program so managers, supervisors and employees know what you expect of them and how you will hold them accountable for meeting those responsibilities;

(b) Provide those persons with the authority, "resources," information and training necessary to meet their responsibilities;

(c) Examine your existing policies and practices to ensure that they encourage and do not discourage reporting and participation in the ergonomics program; and

(d) Communicate "periodically" with employees about the program and their concerns about MSDs.

§1910.913  What ways must employees have to participate in the ergonomics program?

Employees (and their designated representatives) must have:

(a) A way to report MSD signs and symptoms;

(b) Prompt responses to their reports;

(c) Access to this standard and to information about the ergonomics program; and

(d) Ways to be involved in developing, implementing and evaluating each element of the ergonomics program.

§1910.914  What is my basic obligation?

You must set up a way for employees to report MSD signs and symptoms and to get prompt responses. You must evaluate employee reports of MSD signs and symptoms to determine whether a covered MSD has occurred. You must periodically provide information to employees that explains how to identify and report MSD signs and symptoms.

§1910.915  What information must I provide to employees?

You must provide this information to current and new employees:

(a) Common MSD hazards;

(b) The signs and symptoms of MSDs, and the importance of reporting them early;

(c) How to report MSD signs and symptoms; and

(d) A summary of the requirements of this standard.

§1910.916  What must I do to set up a reporting system?

You must:

(a) Identify at least one person to receive and respond to employee reports, and to take the action this standard requires.

(b) Promptly respond to employee reports of MSD signs or symptoms in accordance with this standard.

§1910.917  What is my basic obligation?

You must analyze the problem job to identify the "ergonomic risk factors" that result in MSD hazards. You must eliminate the MSD hazards, reduce them to the extent feasible, or materially reduce them using the incremental abatement process in this standard. If you show that the MSD hazards only pose a risk to the employee with the covered MSD, you may limit the job hazard analysis and control to that individual employee's job.

§1910.918  That must I do to analyze a problem job?

You must:

(a) Include in the job hazard analysis all of the employees in the problem job or those who represent the range of physical capabilities of employees in the job;

(b) Ask the employees whether performing the job poses physical difficulties and, if so, which physical work activities or conditions of the job they associate with the difficulties;

(c) Observe the employees performing the job to identify which of the following physical work activities, workplace conditions and ergonomic risk factors are present:

PHYSICAL WORK ACTIVITIES AND CONDITIONS	ERGONOMIC RISK FACTORS THAT MAY BE PRESENT
(1) Exerting considerable physical effort to complete a motion	(i) Force (ii) Awkward postures (iii) Contact stress
(2) Doing same motion over and over again	(i)Repetition (ii)Force (iii)Awkward postures (iv)Cold temperatures
(3) Performing motions constantly without short pauses or breaks in between	(i)Repetition (ii)Force (iii)Awkward postures (iv)Static postures (v)Contact stress (vi)Vibration
(4) Performing tasks that involve long reaches	(i)Awkward postures (ii)Static postures (iii) Force
(5) Working surfaces are too high or too low	(i)Awkward postures (ii)Static postures (iii)Force (iv)Contact stress
(6) Maintaining same position or posture while performing tasks	(i)Awkward posture (ii)Static postures (iii)Force (iv)Cold temperatures
(7) Sitting for a long time	(i) Awkward posture (ii)Static postures (iii)Contact stress
(8) Using hand and power tools	(i)Force (ii)Awkward postures (iii)Static postures (iv)Contact stress (v)Vibration (vi)Cold temperatures
(9) Vibrating working surfaces, machinery or vehicles	(i) Vibration (ii)Force (iii)Cold temperatures
(10) Workstation edges or objects press hard into muscles or tendons	(i) Contact stress
(11) Using hand as a hammer	(i)Contact stress (ii) Force
(12) Using hands or body as clamp to hold object while performing tasks	(i) Force (ii) Static postures (iii) Awkward postures (iv) Contact stress
(13) Gloves are bulky, too large or too small	(i) Force (ii) Contact stress
MANUAL HANDLING (lifting/lowering, pushing/pulling and carrying)
(14) Objects or people moved are heavy	(i)Force (ii)Repetition (iii)Awkward postures (iv)Static postures (v)Contact stress
(15) Horizontal reach is long (Distance of hands from body to grasp object to be handled)	(i)Force (ii) Repetition (iii) Awkward postures (iv) Static postures (v) Contact stress
(16) Vertical reach is below knees or above the shoulders (Distance of hands above the ground when the object is grasped or released)	(i) Force (ii) Repetition (iii) Awkward postures (iv) Static postures (v) Contact stress
(17) Objects or people are moved significant distance	(i) Force (ii) Repetition (iii) Awkward postures (iv) Static postures (v) Contact stress
(18) Bending or twisting during manual handling	(i) Force (ii) Repetition (iii) Awkward postures (iv) Static postures
(19) Object is slippery or has no handles	(i) Force (ii) Repetition (iii) Awkward postures (iv) Static postures
(20) Floor surfaces are uneven, slippery or sloped	(i) Force (ii) Repetition (iii) Awkward postures (iv) Static postures

(d) Evaluate the ergonomic risk factors in the job to determine the MSD hazards associated with the covered MSD. As necessary, evaluate the duration, frequency and magnitude of employee exposure to the risk factors.

§ 1910.919  What hazard control steps must I follow?

You must:

(a) Ask employees in the problem job for recommendations about eliminating or materially reducing the MSD hazards;

(b) Identify, assess and implement feasible controls (interim and/or permanent) to eliminate or materially reduce the MSD hazards. This includes prioritizing the control of hazards, where necessary;

(c) Track your progress in eliminating or materially reducing the MSD hazards. This includes consulting with employees in problem jobs about whether the implemented controls have eliminated or materially reduced the hazards; and

(d) Identify and evaluate MSD hazards when you change, design or purchase equipment or processes in problem jobs.

§ 1910.920  What kinds of controls must I use?

(a) In this standard, you must use any combination of "engineering," "administrative" and/or "work practice controls" to eliminate or materially reduce MSD hazards. Engineering controls, where feasible, are the preferred method for eliminating or materially reducing MSD hazards. However, administrative and work practice controls also may be important in addressing MSD hazards.

(b) "Personal protective equipment" (PPE) may be used to supplement engineering, work practice and administrative controls, but may only be used alone where other controls are not feasible. Where PPE is used, you must provide it at "no cost to employees."

NOTE TO §1910.920: Back belts/braces and wrist braces/splints are not considered PPE for the purposes of this standard.

§ 1910.921  How far must I go in eliminating or materially reducing MSD hazards when a covered MSD occurs?

The occurrence of a covered MSD in a problem job is not itself a violation of this standard. You must comply with one of the following:

(a) You implement controls that materially reduce the MSD hazards using the incremental abatement process in §1910.922; or

NOTE TO paragraph (a): "Materially reduce MSD hazards" means to reduce the duration, frequency and/or magnitude of exposure to one or more ergonomic risk factors in a way that is reasonably anticipated to significantly reduce the likelihood that covered MSDs will occur.

(b) You implement controls that reduce the MSD hazards to the extent feasible. Then, you periodically look to see whether additional controls are now feasible and, if so, you implement them promptly; or

(c) You implement controls that eliminate the MSD hazards in the problem job.

NOTE TO paragraph (c): "Eliminate MSD hazards" means that you eliminate employee exposure to ergonomic risk factors associated with the covered MSD, or you reduce employee exposure to the risk factors to such a degree that a covered MSD is no longer reasonably likely to occur.

§ 1910.922  What is the "incremental abatement process" for materially reducing MSD hazards?

You may materially reduce MSD hazards using the following incremental abatement process:

(a) When a covered MSD occurs, you implement one or more controls that materially reduce the MSD hazards; and

(b) If continued exposure to MSD hazards in the job prevents the injured employee's condition from improving or another covered MSD occurs in that job, you implement additional feasible controls to materially reduce the hazard further; and

(c) You do not have to put in further controls if the injured employee's condition improves and no additional covered MSD occurs in the job. However, if the employee's condition does not improve or another covered MSD occurs, you must continue this incremental abatement process if other feasible controls are available.

§1910.923  What is my basic obligation?

You must provide training to employees so they know about MSD hazards and your ergonomics program and measures for eliminating or materially reducing the hazards. You must provide training initially, periodically, and at least every 3 years at no cost to employees.

§1910.924  Who must I train?

You must train:

(a) Employees in problem jobs;

(b) Supervisors of employees in problem jobs; and

(c) Persons involved in setting up and managing the ergonomics program, except for any outside consultant you may use.

§1910.925  What subjects must training cover?

This table specifies the subjects training must cover:

§1910.926  What must I do to ensure that employees understand the training?

You must provide training and information in language that employees understand. You also must give employees an opportunity to ask questions and receive answers.

§1910.927  When must I train employees?

This table specifies when you must train employees:

§1910.928  Must I retrain employees who have received training already?

No. You do not have to provide initial training to current employees, new employees and persons involved in setting up and managing the ergonomics programs if they have received training in the subjects this standard requires within the last 3 years. However, you must provide initial training in the subjects in which they have not been trained.

§1910.929  What is my basic obligation?

You must make MSD management available promptly whenever a covered MSD occurs. You must provide MSD management at no cost to employees. You must provide employees with the temporary "work restrictions" and "work restriction protection (WRP)" this standard requires.

§1910.930  How must I make MSD management available?

You must:

(a) Respond promptly to employees with covered MSDs to prevent their condition from getting worse;

(b) Promptly determine whether temporary work restrictions or other measures are necessary;

(c) When necessary, provide employees with prompt access to a "health care professional" (HCP) for evaluation, management and "follow-up,"

(d) Provide the HCP with the information necessary for conducting MSD management; and

(e) Obtain a written opinion from the HCP and ensure that the employee is also promptly provided with it.

§1910.931  What information must I provide to the health care professional (HCP)?

You must provide:

(a) A description of the employee's job and information about the MSD hazards in it;

(b) A description of available work restrictions that are reasonably likely to fit the employee's capabilities during the recovery period;

(c) A copy of this MSD management section and a summary of the requirements of this standard;

(d)Opportunities to conduct workplace walkthroughs.

§1910.932  What must the HCP's written opinion contain?

The written opinion must contain:

(a) The HCP's opinion about the employee's medical conditions related to the MSD hazard in the employee's job.

(1) You must instruct the HCP that any findings, diagnoses or information not related to workplace exposure to MSD hazards must remain confidential and must not be put in the written opinion or communicated to you.

(2) To the extent permitted and required by law, you must ensure employee privacy and confidentiality regarding medical conditions related to workplace exposure to MSD hazards that are identified during the MSD management process;

(b) Any recommended temporary work restrictions and follow-up;

(c) A statement that the HCP informed the employee about the results of the evaluation and any medical conditions resulting from exposure to MSD hazards that require further evaluation or treatment;

(d)A statement that the HCP informed the employee about other physical activities that could aggravate the covered MSD during the recovery period.

§1910.933  What must I do if temporary work restrictions are needed?

You must:

(a) Work restrictions. Provide temporary work restrictions, where necessary, to employees with covered MSDs. Where you have referred the employee to a HCP, you must follow the temporary work restriction recommendations in the HCP's written opinion;

(b) Follow-up. Ensure that appropriate follow-up is provided during the recovery period; and

(c) Work restriction protection (WRP). Maintain the employee's WRP while temporary work restrictions are provided. You may condition the provision of WRP on the employee's participation in the MSD management this standard requires.

§1910.934  How long must I maintain the employee's work restriction protection when an employee is on temporary work restriction?

You must maintain the employee's WRP until the FIRST of these occurs:

(a) The employee is determined to be able to return to the job;

(b) You implement 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; or

(c) 6 months have passed.

§1910.935  May I offset an employee's WRP if the employee receives workers' compensation or other income?

Yes. You may reduce the employee's WRP by the amount the employee receives during the work restriction period from:

(a) Workers' compensation payments for lost earnings;

(b) Payments for lost earnings from a compensation or insurance program that is publicly funded or funded by you; and

(c) Income from a job taken with another employer that was made possible because of the work restrictions.

§1910.936  What is my basic obligation?

You must evaluate your ergonomics program periodically, and at least every 3 years, to ensure that it is in compliance with this standard.

§1910.937  What must I do to evaluate my ergonomics program?

You must:

(a)Consult with employees in problem jobs to assess their views on the effectiveness of the program and to identify any significant deficiencies in the program;

(b) Evaluate the elements of your program to ensure they are functioning properly; and

(c) Evaluate the program to ensure it is eliminating or materially reducing MSD hazards.

§1910.938  What must I do if the evaluation indicates my program has deficiencies?

If your evaluation indicates that your program has deficiencies, you must promptly take action to correct those deficiencies so that your program is in compliance with this standard.

§1910.939  Do I have to keep records of the ergonomics program?

You only have to keep records if you had 10 or more employees (including part-time employees and employees provided through personnel services) on any one day during the preceding calendar year.

§1910.940  What records must I keep and for how long?

This table specifies the records you must keep and how long you must keep them:

NOTE TO §1910.940: The record retention period in this standard is shorter than that required by OSHA's rule on Access to Employee Exposure and Medical Records (29 CFR 1910.1020). However, you must comply with the other requirements of that rule.

§1910.941  When does this standard become effective?

This standard becomes effective 60 days after [publication date of final rule].

§1910.942  When do I have to be in compliance with this standard?

This standard provides start-up time for setting up the ergonomics program and putting in controls in problem jobs. You must comply with the requirements of this standard, including recordkeeping, by the deadlines in this table:

NOTE TO §1910.942: The compliance deadlines in this section do not apply if you are using a Quick Fix.

§1910.943 What must I do if some or all of the compliance deadlines have passed before a covered MSD is reported?

If the compliance start-up deadline has passed before you must comply with a particular element of this standard, you may take the following additional time to comply with that element and the related recordkeeping:

NOTE TO §1910.943: The compliance deadlines in this section do not apply if you are using a Quick Fix.

§1910.944  May I discontinue certain aspects of my program if covered MSDs no longer are occurring?

Yes. However, as long as covered MSDs are reported in a job, you must maintain all the elements of the ergonomics program for that job. If you eliminate or materially reduce the MSD hazards and no covered MSD is reported for 3 years, you only have to continue the elements in this table:

§910.945  What are the key terms in this standard?

Administrative controls are changes in the way that work in a job is assigned or scheduled that reduce the magnitude, frequency or duration of exposure to ergonomic risk factors. Examples of administrative controls for MSD hazards include:

(1) Employee rotation;

(2) Job task enlargement;

(3) Alternative tasks;

(4) Employer-authorized changes in work pace.

Covered MSD is:

(1) An MSD, reported in any job in general industry, that meets these criteria:

(i) It is reported after [the effective date of the final rule];

(ii) It is an OSHA recordable MSD;

(iii) It occurred in a job in which the physical work activities and conditions are reasonably likely to cause or contribute to the type of MSD reported;

(iv) These activities and conditions are a core element and/or make up a significant amount of the employee's worktime.

(2) In a manufacturing or manual handling job, persistent MSD symptoms are also considered a covered MSD if they meet these criteria:

(i) They last for at least 7 consecutive days after they are reported;

(ii) The employer has knowledge that an MSD hazard exists in the job;

(iii) They occurred in a job in which the physical work activities and conditions are reasonably likely to cause or contribute to the type of MSD signs or symptoms reported; and

(iv) These activities and conditions are a core element and/or make up a significant amount of the employee's worktime.

Eliminate MSD hazards means to eliminate employee exposure to the ergonomic risk factors associated with the covered MSD, or to reduce employee exposure to the risk factors to such a degree that a covered MSD is no longer reasonably likely to occur.

Engineering controls are physical changes to a job that eliminate or materially reduce the presence of MSD hazards. Examples of engineering controls for MSD hazards include changing, modifying or redesigning the following:

(1) Workstations;

(2) Tools;

(3) Facilities;

(4) Equipment;

(5) Materials;

(6) Processes.

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.

Ergonomic risk factors. (1) Ergonomic risk factors are the following aspects of a job that pose a biomechanical stress to the worker:

(1) Force (i.e., forceful exertions, including dynamic motions);

(2) Repetition;

(3) Awkward postures;

(4) Static postures;

(5) Contact stress;

(6) Vibration; and

(7) Cold temperatures.

(2)  Ergonomic risk factors are elements of MSD hazards that must be considered in light of their combined effect in causing or contributing to an MSD. Jobs that have multiple risk factors have a greater likelihood of causing or contributing to MSDs, depending on the duration, frequency and magnitude of employee exposure to each risk factor or to a combination of them. Ergonomic risk factors are also call ergonomic stressors and ergonomic factors.

Follow-up is the process or protocol an employer and/or HCP uses to check up on the condition of employees with covered MSDs when they are given temporary work restrictions during the recovery period. Prompt follow-up helps to ensure that the MSD is resolving and, if it is not, that other measures are promptly taken.

Have knowledge means that you have been provided information that MSD hazards exist in a manufacturing or manual handling job by any of the following:

• An insurance company;
• A consultant;
• A health care professional;
• A person or persons working for you who have the requisite training to identify and analyze MSD hazards.

Health care professional (HCPs) are physicians or other licensed health care professionals whose legally permitted scope of practice (e.g., license, registration or certification) allows them to independently provide or be delegated the responsibility to provide some or all of the MSD management requirements of this standard.

Job means the physical work activities or tasks that employees perform. In this standard, the term "job" also includes those jobs involving the same physical work activities and conditions even if the jobs have different titles or classification.

Manual handling jobs are jobs in which employees perform forceful lifting/lowering, pushing/pulling, or carrying. Manual handling jobs include only those jobs in which forceful manual handling is a core element of an employee's job. Although each job must be considered on the basis of its actual physical work conditions and work activities, this table lists jobs that typically are included in and excluded from this definition:

(1) EXAMPLES OF JOBS THAT TYPICALLY ARE MANUAL HANDLING JOBS

(2) EXAMPLES OF JOB/TASKS THAT TYPICALLY ARE NOT MANUAL HANDLING JOBS

Patient handling jobs (e.g., nurses aides, orderlies, nurse assistants)  Package sorting, handling and delivering  Hand packing and packaging  Baggage handling (e.g., porters, airline baggage handlers, airline check-in)  Warehouse manual picking and placing  Beverage delivering and handling  Stock handling and bagging  Grocery store bagging  Grocery store stocking  Garbage collecting

Administrative jobs  Clerical jobs   Supervisory/managerial jobs that do not involve manual handling work  Technical and professional jobs  Jobs involving unexpected manual handling  Lifting object or person in emergency situation (e.g., lifting or carrying injured co-worker)  Jobs involving manual handling that is so infrequent it does not occur on any predictable basis (e.g., filling in on a job due to unexpected circumstances, replacing empty water bottle, lifting of box of copier paper)  Jobs involving manual handling that is done only on an infrequent "as needed" basis (e.g., assisting with delivery of large or heavy package, filling in once for an absent employee)  Jobs involving minor manual handling that is incidental to the job (e.g., carrying briefcase to meeting, carrying baggage on work travel)

Manufacturing jobs are production jobs in which employees perform the physical work activities of producing a product and in which these activities make up a significant amount of their worktime. Although each job must be considered on the basis of its actual physical work conditions and work activities, this table lists jobs that typically are included in and excluded from this definition:

Materially reduce MSD hazards means to reduce the duration, frequency and/or magnitude of exposure to one or more ergonomic risk factors in a way that is reasonably anticipated to significantly reduce the likelihood that covered MSDs will occur.

Musculoskeletal disorders (MSDs) are injuries and disorders of the muscles, nerves, tendons, ligaments, joints, cartilage and spinal discs. Exposure to physical work activities and conditions that involve risk factors may cause or contribute to MSDs. MSDs do not include injuries caused by slips, trips, falls, or other similar accidents. Examples of MSDs include:

(1) Carpal tunnel syndrome;

(2) Rotator cuff syndrome;

(3) De Quervain's disease;

(4) Trigger finger;

(5) Tarsal tunnel syndrome;

(6) Sciatica;

(7) Epicondylitis;

(8) Tendinitis;

(9) Raynaud's phenomenon;

(10) Carpet layers knee;

(11) Herniated spinal disc;

(12) Low back pain.

MSD hazards are physical work activities and/or physical work conditions, in which ergonomic risk factors are present, that are reasonably likely to cause or contribute to a covered MSD.

MSD management is your process for ensuring that employees with covered MSDs receive prompt and effective evaluation, management and follow-up, at no cost to them, in order to prevent permanent damage or disability from occurring. (1) In this standard, the MSD management process includes:

(i) Evaluation, management and follow-up of injured employees by persons in the workplace and/or by HCPs; and

(ii) A method for identifying available work restrictions and promptly providing them when needed.

(2)  MSD management does not include establishing specific medical treatment for MSDs. Medical treatment protocols and procedures are established by the health care professions.

MSD signs are objective physical findings that an employee may be developing an MSD. Examples of MSD signs include:

(1)  Decreased range of motion;

(2) Deformity;

(3) Decreased grip strength;

(4) Loss of function.

MSD symptoms are physical indications that an employee may be developing an MSD. Symptoms can vary in severity, depending on the amount of exposure to MSD hazards. Symptoms often appear gradually as muscle fatigue or pain at work that disappears during rest. Symptoms usually become more severe as exposure continues (e.g., tingling continues after work ends, numbness makes it difficult to perform the job, and finally pain is so severe the employee cannot perform the job). Examples of MSD symptoms include:

(1) Numbness;

(2) Burning;

(3) Pain;

(4) Tingling;

(5) Cramping;

(6) Stiffness.

No cost to employees means that PPE, training, MSD management and other requirements of this standard are provided to employees free of charge and while they are "on the clock" (e.g., paying for time employees spend receiving training outside the work day).

OSHA recordable MSD is an MSD that meets the occupational injury and illness recording requirements of 29 CFR Part 1904. Under Part 1904, an MSD is recordable when:

(1) Exposure at work caused or contributed to the MSD or aggravated a pre-existing MSD.

(2) The MSD results in at least one of the following:

(i) A diagnosis of an MSD by an HCP.

(ii) A positive physical finding (e.g., an MSD sign or a positive Finkelstein's, Phalen's, or Tinel's test result).

(iii) An MSD symptom plus at least one of these:

(A) Medical treatment;

(B) One or more lost work days;

(C) Restricted work activity;

(D) Transfer or rotation to another job.

Periodically means that a process or activity, such as records review or training, is performed on a regular basis that is appropriate for the conditions in the workplace. Periodically also means that the process or activity is conducted as often as needed, such as when significant changes are made in the workplace that may result in increased exposure to MSD hazards.

Persistent MSD symptoms are "MSD symptoms" that persist for at least 7 consecutive days after they are reported.

Personal protective equipment (PPE) is equipment employees wear that provides an effective protective barrier between the employee and MSD hazards. Examples of PPE are vibration-reduction gloves and carpet layer's knee pads.

Physical work activities are the physical demands, exertions and functions of the task or job.

Problem job is a job in which a covered MSD is reported. A problem job also includes any job in the workplace that involves the same physical work activities and conditions as the one in which the covered MSD is reported, even if the jobs have different titles or classifications.

Resources are the provisions necessary to develop, implement and maintain an effective ergonomics program. Resources include money (e.g., to purchase items such as job hazard analysis equipment, training materials, and controls), personnel, and work time to conduct program responsibilities (e.g., job hazard analysis, program evaluation).

Work practice controls are changes in the way an employee performs the physical work activities of a job that reduce exposure to MSD hazards. Work practice controls involve procedures and methods for safe work. Examples of work practice controls for MSD hazards include:

(1) Training in proper work postures;

(2) Training in use of the appropriate tool;

(3) Employer-authorized micro breaks.

Work restriction protection (WRP) means the maintenance of the earnings and other employment rights and benefits of employees who are on temporary work restrictions as though they had not been placed on temporary work restriction. For employees who are on restricted work activity, WRP includes maintaining 100% of the after-tax earnings employees with covered MSDs were receiving at the time they were placed on restricted work activity. For employees who have been removed from the workplace, WRP includes maintaining 90% of the after-tax earnings. Benefits mean 100% of the non-wage-and-salary value employees were receiving at the time they were placed on restricted work activity or were removed from the workplace. Benefits include seniority, insurance programs, retirement benefits and savings plans.

Work restrictions are limitations on an injured employee's exposure to MSD hazards during the recovery period. Work restrictions may involve limitations on the work activities of the employee's current job, transfer to temporary alternative duty jobs, or complete removal from the workplace. To be effective, work restrictions must not expose the injured employee to the same MSD hazards as were present in the job giving rise to the covered MSD.

You means the employer as defined by the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).