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Q1: How does the final rule differ from last year's proposal? A1: OSHA proposed an ergonomics standard on Nov. 23, 1999. Since that proposal was published, the agency received more than 8,000 written public comments and listened to more than 700 witnesses testify. Based largely on the public's participation in the process, the final standard contains significant changes. A fact sheet highlighting those changes is provided in the information kit, accessible on OSHA's web site at:
Q2: How much will this rule cost employers? A2: The annual costs of this standard to employers are estimated to be $4.5 billion, while the annual benefits it will generate are estimated to be $9.1 billion. The annualized average cost of fixing each problem job is estimated to be $250. However, improvements to the final standard, such as adding a Basic Screening Tool to rule out less hazardous jobs, and clearly defined compliance endpoints that tell employers when they have done enough, make the final rule clear and cost effective. A3: The Agency heard from stakeholders and people who responded with testimony and comments on the proposed rule that ergonomics programs are the way to reduce musculoskeletal disorders (MSDs). Many employers have voluntarily used the Ergonomics Program Management Guidelines for Meatpacking Plants (OSHA 3123) or the NIOSH publication "Elements of Ergonomics Programs" as a model for their effective programs. These programs include the basic elements of management leadership, employee involvement, job hazard analysis and control, training, MSD management and program evaluation. These elements have been proven to collectively reduce MSDs. OSHA used the ergonomics programs that industry has successfully implemented as the foundation for the final rule. Q4: Who does the final standard cover? A4: All general industry employers, including the U.S. Postal Service, are covered in the final standard. OSHA estimates that 102 million workers at 6.1 million worksites will be protected. This standard does not apply to employment that is covered by OSHA's construction standards (Part 1926), maritime standards (Parts 1915, 1917, 1918), and agriculture standards (Part 1928). This standard also does not apply to railroad operations. The standard will apply to public sector employers in OSHA's state-plan states if those states adopt the federal standard. Q5: Why is OSHA excluding construction, maritime, railroads and agriculture? A5: OSHA recognizes that MSD problems are also serious in the construction, maritime, agricultural and railroad industries. However, the OSH Act authorizes OSHA to set appropriate rulemaking priorities and to use a phased approach to rulemaking. A primary basis for the Agency's decision to limit the scope of this rulemaking to general industry is that most of the evidence and data relating to ergonomic interventions addresses general industry. Since general industry accounts for more than 90 percent of the MSDs reported each year, OSHA is promulgating a standard that addresses general industry first. This approach ensures that the greatest number of MSD hazards will be eliminated or controlled while OSHA determines appropriate regulatory approaches for the construction, agriculture and maritime industries. A6: Yes. OSHA heard from numerous employers who have implemented ergonomics programs that have the program elements that the final rule contains. Those programs have achieved many successes in reducing and MSD hazards. These employers can continue their programs instead of complying with the requirements of this standard if their programs meet certain limited conditions and they include in their programs the MSD management the standard requires. Q7: What must employers do initially if the standard applies to them? A7: The only thing employers are required to do initially is to provide basic information to their employees about MSDs (common MSDs and their signs and symptoms). OSHA has developed information sheets that employers can simply distribute to employees and post in their workplace to comply with this requirement. The information sheets are found in Appendix A and Appendix B to the standard. Employers are not required to take any other action until an MSD incident is reported. Q8: What must employers do when an employee reports MSD signs or symptoms? A8: The employer must determine if the employee's signs and symptoms constitute an "MSD incident." An MSD incident means that the MSD is work-related and requires days away from work, restricted work, or medical treatment beyond first aid, or involves MSD signs or symptoms that last 7 consecutive days after the employee reports them to the employer. Employers are permitted to get assistance from a health care professional in determining whether the reported condition is an MSD. However, OSHA believes that in most cases employers will make this decision themselves, just as they have done for years under the recordkeeping rule. Only where the injured employee's employer determines that the report is an MSD incident does the employer have to screen the job using the Basic Screening Tool. A9: No. In the final standard, a report of an MSD must meet two tests designed to ensure that MSDs covered by the standard are work-related before an employer is required to take any action. First, the employee's injury must meet the definition of a work-related MSD incident. Second, the employee's job must be one that is plausibly related to the MSD incident. It must routinely involve (on one or more days a week) exposure to risk factors at levels described in the Basic Screening Tool. Only where both tests are met does the employer have to provide MSD management to the injured employee and take a closer look at the job. When both tests are met, the job is said to meet the standard's Action Trigger. Q10: What is the "Basic Screening Tool"? A10: The Basic Screening Tool is a simple checklist employers use to identify jobs that have ergonomic risk factors at levels that are high enough to warrant another look. The employer uses the tool to screen a job in which an MSD incident has occurred to determine whether the job involves exposure to the risk factors at a level required for the employer to take further action. The five risk factors this standard covers are repetition, force, awkward postures, contact stress and vibration. Only where the job meets the exposure levels of the Basic Screening Tool does the employer have to take further action. These are the only jobs that meet the standard's two-part Action Trigger. Q11: What action must the employer take if the job meets the Action Trigger? A11: The employer must provide MSD management for the injured employee (including any necessary work restrictions). The employer also must analyze the job to determine whether it poses an MSD hazard to employees. If the job hazard analysis identifies an MD hazard in the job, the employer must implement an ergonomics program that includes management leadership and employee participation, job controls, training and program evaluation. For isolated cases of MSDs, employers may use the "Quick Fix" option and not implement a full program. Q12: Does the employer have to take this action in all jobs in the establishment? A12: No. The employer only needs to take action in jobs in the establishment that are the same as the one in which the MSD incident was reported. "Same jobs" are ones that involve the same tasks and physical work activities. Q13: What if the MSD hazard doesn't pose a problem to other employees in the same job? A13: In situations where the employer determines that the MSD hazard only poses a problem for the injured employee, the employer is permitted to limit the response to that employee. For example, an employer might determine that an employee who reports an MSD incident, because of his/her height, is the only person in that job who has to work with arms or back in an awkward posture. In these situations, the employer can limit the job controls and evaluation to the individual employee's job. In addition, the employer only has to provide training for that employee. Q14: How do employers determine whether a job poses an MSD hazard to employees? A14: The standard requires employers to do a job hazard analysis to determine whether MSD hazards are present in a job. To do a job hazard analysis, employers must talk with employees in the job, observe the job to identify risk factors, and evaluate the risk factors to see whether they pose a hazard. The standard references 9 hazard identification and analysis tools (Appendix D) that employers can use to guarantee that they are in compliance with the standard's job hazard analysis and job control requirements. The standard also allows employers to have a professional trained in ergonomics conduct the job hazard analysis or to use any other reasonable method appropriate to the job and risk factors present. Other reasonable methods might include having an ergonomic team conduct the job hazard analysis or doing a detailed job task breakdown. A15: The eight tools in Appendix D-1 are widely-used tools developed by professionals with extensive training in the analysis and control of MSD hazards. They include:
The other tool, a simple checklist for analyzing MSD hazards in jobs involving computer use (Appendix D-2), was developed by OSHA to provide employers with a simple and quick way to analyze the growing number of computer jobs. Employers can use any of the tools that are appropriate to the job and risk factors present. The use of these tools will also demonstrate when hazards have been controlled to levels required by the standard. Q16: Has it been shown that "heavy lifting" is a "recognized" workplace hazard? A16: Many people (employers, researchers, physicians, etc.) who participated in the hearing recognize that lifting too much or lifting too often can injure your back. Many employers and employees talked about ergonomics programs that have been successful in reducing the number and severity of MSDs of the lower back. The Health Effects section of the preamble has reviewed the extensive literature on MSDs of the lower back, and this review shows their association with work activities. In addition, in the two ergonomics cases decided by the Occupational Safety and Health Review Commission (Pepperidge Farms and Beverly Enterprises), the Commission held that heavy lifting, including patient lifting, is a recognized MSD hazard. Q17: When have employers "done enough" to control MSD hazards? A17: The standard provides clear endpoints for when employers are in compliance with the requirements to control MSD hazards. Employers are in compliance when they have:
Q18: Do employers have to eliminate all MSDs to be in compliance with the standard? A18: No. OSHA recognizes that it may not be possible to eliminate MSDs in all jobs, and the occurrence of an MSD is not in itself a violation of the standard. The purpose of the standard is to reduce the number and severity of musculoskeletal disorders (MSDs) caused by exposure to MSD hazards in the workplace. This can be achieved by requiring employers to have a process in place to quickly address problems when they arise and by requiring employers to implement controls that will reduce those problems. As long as employers have this process in place and have reduced MSD hazards to any of the control endpoints in this standard, they will be in compliance with the standard even if MSDs continue to be reported. Q19: What kinds of controls can employers use to fix jobs? A19: Employers may use any combination of engineering, administrative and work practice controls to reduce hazards. Employers are also free to supplement these controls with personal protective equipment (PPE), such as vibration-reduction gloves or palm pads, at no cost to employees. However, PPE can only be used alone where other controls are not feasible. A20: No. Like the proposal, the final rule gives employers great flexibility in determining how to reduce MSD hazards. Most employers choose to mechanize rather than automate their jobs. Mechanizing a job involves using a mechanical assist or changing the workstation to make the job easier for the worker. Automation means replacing the worker with automated equipment. Many employers told OSHA about low-cost changes that they have made to workstations (e.g., raising or lowering the work surface or chair, placing equipment directly in front of an employee to eliminate extended reaches or awkward postures, providing a platform or box to stand on as a way to eliminate overhead reaching), tools or equipment (e.g., servicing of powered hand tools), and work schedules (e.g., rest breaks, job rotation, job enlargement) that have successfully reduced MSD hazards. There is also a wide variety of inexpensive "off-the-shelf" controls and technology available today, including "anti-fatigue" mats or other cushioned surfaces; wider grips for hand tools; knife sharpeners; and mechanical lift devices. Employers have demonstrated that using one or a combination of these types of controls has reduced and in many cases eliminated MSDs. Employers who automate jobs do so for a variety of reasons, usually because the demand and technology are at levels that automation is justified. But under this standard, automation is not a required method for controlling MSD hazards. Q21: Will ergonomics require employers to slow down the speed of production lines? A21: Some employers voiced concerns that the standard will force them to slow down production, which they fear will result in decreased profits. The record shows that most employers have found just the opposite. When jobs are designed with people in mind, production, quality and morale all improve. There may be special situations where the process speed is too fast for the type of job tasks, tools, equipment and work conditions present in the job. In these cases, the process has usually suffered from production, quality, turnover, or absenteeism problems, as well as ergonomics problems. Even in these cases, however, employers are free to address MSD hazards using any combination of engineering, work practice and administrative controls. For example, once proper tools are provided or job tasks are enlarged, employers may find that process speed is no longer an issue. A22: No. In fact, many people (employers, employees, consultants, researchers, trade associations) said during the hearings that employers working with their employees can identify and resolve most ergonomic risk factors. Employers have told OSHA that their employees are usually the best source of information on the risk factors that are a problem in the job. Employees can often identify simple changes in the job that would reduce the risk factors. Employers and employees working together can implement changes that reduce or even eliminate risk factors without involving an expert. However, just as with other hazards such as chemicals and noise, there may be times when an employer decides to hire a consultant to provide assistance in addressing a unique or complex problem. A23: No. Many employers have told OSHA that some of the best and least expensive solutions are ones recommended by employees in the job. However, the requirement that employers ask employees for their recommendations does not mean that employers must implement those specific solutions. OSHA expects employers to use their judgment when responding to employee suggestions and to select controls that will reduce MSD hazards to the levels required by the standard. A24: The Quick Fix option is an efficient mechanism for providing ergonomic protection for employees, while at the same time reducing regulatory burdens for those employers who have only a few isolated MSD hazards that can be identified easily and addressed quickly. Employers qualify for the Quick Fix option when there has been only one prior MSD incident in a job and only two prior MSD incidents in the establishment as a whole in the past 18 months. Employers can use the Quick Fix option if they can fix the job within 90 days. OSHA believes that the Quick Fix option will be particularly useful for small businesses. A25: No. Employers do not have to retrain employees in topics in which they have received training within the past 3 years. A26: No. MSD management refers to the employer's process of providing injured employees with access to a health care professional (HCP) for evaluation and followup of the MSD. It also includes any work restrictions that the employer or HCP consider necessary during the recovery period. The standard does not require employers to pay for medical treatment such as physical therapy, medication or surgery. A27: OSHA's work restriction protection (WRP) provision does not supersede workers' compensation. OSHA believes WRP is necessary because, unlike most OSHA standards which require employer action when employers are exposed to hazards, the Ergonomics Program Standard only requires action after an injury has been reported. The standard's success in protecting workers, therefore, depends on workers' willingness to report injuries as soon as they occur. Early reporting and intervention is also essential to preventing permanent damage or disability. However, there is substantial evidence in the record that, absent protection from economic loss, workers are reluctant to report injuries because they fear losing pay, being fired, or being subjected to other forms of discrimination. Knowing that they will not lose pay as a result of a necessary work absence will make employees more willing to come forward to report their injuries and to participate in the MSD management process. Employers may deduct any workers' compensation payments the employee receives from the amount of WRP benefits paid to the worker. A28: Yes. The final standard includes a mechanism for quickly resolving disagreements about temporary work restrictions or work removal between the employer's and employee's health care professional. A29: Yes. Employers can fulfill their obligation to provide WRP by allowing employees to take sick leave or other similar paid leave such as short term disability leave, provided that such leave maintains the employee's benefits and employment rights and provides at least 90% of the employee's earnings. Q30: Is there ever a point at which employers do not need to have an ergonomics program anymore? A30: Employers may discontinue their ergonomics program in a job when the risk factor exposure levels are below those described in the Basic Screening Tool. At that point, employers just need to maintain the controls they have implemented in the job and the employee training related to using those controls. A31: The two rules are separate and have no effect on each other. The proposed ergonomics rule would have used the definition of an OSHA recordable to determine whether an MSD was covered. The final ergonomics rule has its own definitions, so the rules "stand alone." A32: The Ergonomics Program Standard is effective on January 16, 2001. Employers must have provided the required basic information to employees by Oct. 14, 2001. After that date, employers also must begin receiving and responding to employee reports of MSD signs and symptoms. 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:
A33: Employers have 4 years from the January 16, 2001, Effective Date to implement permanent controls as long as they put in initial controls within 90 days after determining that the job meets the Action Trigger. The phase-in period for permanent controls gives employers ample opportunity to work on problems that may require several controls or to work permanent controls into regular production changes. Q34: Does the final rule make any special provision for small businesses? A34: Yes. The input of small business owners was important in shaping several provisions of the standard. Based on their comments, OSHA has provided specific guidance for small businesses and has tailored the standard's provisions so that they take the special needs and concerns of small business into account. These provisions include:
Q35: What compliance assistance will OSHA provide to employers? A35: OSHA is providing employers with a range of assistance to help them comply with the Ergonomics Program Standard. This includes information available on OSHA's web site, technical information and advice from OSHA Regional and Areas offices, free assistance from OSHA State consultation services, and education through the OSHA Training Institute. In addition, OSHA is developing materials on analyzing and controlling MSD hazards in various jobs and industries.
A36: The OSHA Ergonomics Webpage at http://www.osha-slc.gov/ergonomics-standard/index.html provides basic information and guidance. The Ergonomics Technical Links Webpage includes data on MSD injuries and illnesses, the scientific basis for the association between MSDs and work, hundreds of success stories and ergonomic solutions, and links to many publications on ergonomics. In addition, every OSHA Area Office has a compliance assistance person devoted to providing outreach to employers on ergonomics and other workplace exposures. Q37: How will this rule affect ergonomics standards adopted by States? A37: In states under Federal OSHA jurisdiction, the standard is effective on January 16, 2001. Those states that operate their own OSHA-approved State plans have until 6 months after publication of the final standard to adopt the Federal standard or develop their own standard that is at least as effective. In California and Washington, the two States that have existing ergonomics standards, the States will have to review the provisions of their standards and modify them, if necessary, so that the State standard meets or exceeds the protection provided by the Federal standard. A38: OSHA is confident that the existing literature on MSDs is sufficient in both the quantity and quality of studies to support the scientific basis for the rule. The forthcoming NAS review of the literature will certainly provide additional insight on strengths, weaknesses, and future research needs. However, as the first NAS panel reported in 1999, the Agency believes that MSDs are associated with physical work activities and that reducing ergonomic risk factors reduces MSDs. Q39: How can somebody seek to have the standard overturned? A39: Any party aggrieved by the standard can obtain court review by filing a petition in a federal court of appeals within 59 days of the date the standard is published in the Federal Register. The court can vacate the rule if it finds the rule is not supported by substantial evidence in the rulemaking record or was issued without proper procedures. 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 may ask the court for a stay. In ruling on a request for a stay, both the agency and court will consider the following factors: (1) the likelihood that the party seeking the stay will prevail on the merits of the appeal; (2) whether the party seeking the stay will be irreparably harmed absent a stay; (3) the prospect that others will be harmed if the stay is granted; and (4) whether the public interest will be served or harmed by a stay. The rule could also be overturned under the Congressional Review Act. Under this statute, 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. # # # |
