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(company name)

Please fax your completed survey back to Jenny Krese at (202) 637-3182 A.S.A.P.

Please note: Your input only will be used in formulating NAM's comments and testimony in the OSHA rulemaking. Your company name will not be used, nor will specific data submitted to the rulemaking record be attributed to your organization.

DEFINITIONS

The proposed rule contains the following definitions of the elements of Question #1:

1. Management Leadership and Employee Participation – Employers must assign program responsibilities, provide necessary training, information, authority and resources; examine existing policies and practices to ensure they encourage reporting; and communicate periodically with employees concerning the company's ergonomics program and musculoskeletal concerns. Covered employers also must provide employees with a way to report MSD signs and symptoms, and provide ways for employees and their designated (union) representatives to be involved in the program. By way of illustration, in its discussion of "management leadership", the agency states that employers must examine their current policies – including the use of safety incentive programs, and mandatory post-injury drug tests – to determine if they discourage early reporting of MSD signs and symptoms.
2. Hazard Information and Reporting – Employers must set up a way for employees to report MSD symptoms and get prompt responses; provide information to employees on MSD hazards, their signs and symptoms and the importance of early reporting, how to report and a summary of the OSHA standard. Companies must evaluate employee reports and symptoms to determine whether a covered MSD has occurred.
3. Job Hazard Analysis and Control – Analyze "problem jobs" (i.e., jobs in which a covered MSD is reported) to identify ergonomic risk factors, and eliminate them, reduce them to the extent feasible or materially reduce them. Track progress in eliminating or materially reducing MSDs. Use engineering controls (which are preferred, where feasible) or administrative/work practice controls to achieve MSD changes.
4. Training – Provide training about MSD hazards, the company's ergonomics program and measures for eliminating or materially reducing hazards (initially, periodically and at least every three years).
5. Medical Management – Make MSD management available promptly whenever a covered MSD occurs, including obligations to provide access to a health care professional, obtain a written opinion, accommodate work restrictions, and provide compensation protections. OSHA's "MSD management" component would require maintenance of earnings and benefits in excess of workers’ compensation during periods of restricted work covered by the standard (100% of earnings for those on light duty, and 90% of earnings for those removed from the workplace), for periods of up to six months.
6. Program Evaluation – At least every three years, consult with employees in problem jobs, identify significant deficiencies in the program, evaluate the functioning of program elements, promptly take action to ensure that MSD hazards are effectively eliminated or materially reduced.

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Prepared for the NAM, © 2000. By Peter Susser, Esq., Littler Mendelson, P.C., 1225 I Street, NW, Suite 1000, Washington, DC 20005