Problem Recognition:
What is an "ergonomic injury"?
Input from the recent ergonomics forums demonstrated to
OSHA that there are a wide variety of opinions on how the Agency should define
an ergonomic injury and that the definition adopted by OSHA depends on the
context. Ergonomic injuries are often described by the term "musculoskeletal
disorders" or "MSDs." This is the term of art in scientific
literature that refers collectively to a group of injuries and illnesses that
affect the musculoskeletal system; there is no single diagnosis for MSDs. As
OSHA develops guidance material for specific industries, the agency may narrow
the definition as appropriate to address the specific workplace hazards covered.
OSHA will work closely with stakeholders to develop definitions for MSDs as part
of its overall effort to develop guidance materials.
Are all MSDs work-related?
No. MSDs can and do develop outside the workplace.
How do you determine whether MSDs are work-related?
The determination of whether any particular MSD is
work-related may require the use of different approaches tailored to specific
workplace conditions and exposures. Broadly speaking, establishing the
work-relatedness of a specific case may include:
-- taking a careful history of the patient and the illness;
-- conducting a thorough medical examination; and
-- characterizing factors on and off the job that may have caused or contributed
to the MSD. |
Guidelines:
Why aren't you doing another rule?
Congress passed, and the President signed, Senate Joint
Resolution 6, which rescinded the original ergonomics rule, and under the
Congressional Review Act, prohibits the agency from issuing a rule that is
substantially the same as the former one.
There are a number of reasons why guidelines are preferable to doing a rule.
OSHA must follow certain criteria in doing a rule - any rule. In terms of
ergonomics, there are factors that make doing a rule very difficult:
- There are a variety of different hazards and combinations of different
hazards to be addressed;
- Exposure to the hazards is not readily measured in some cases;
- The exposure-response relationship is not well understood;
- Cost and feasibility of abatement measures may be uncertain and may be
very high in some cases; and
- It is very difficult, except in the most general terms, to prescribe
remedies for abating such hazards in a single rule.
These considerations make it very difficult to develop
simple criteria for compliance that can apply to a broad range of industries.
On the other hand, industry and task specific guidelines can be developed more
quickly and are more flexible, and can provide specific and helpful guidance for
abatement to assist employees and employers in minimizing injuries. Guidelines
are the most effective method available for reducing injuries quickly.
How do you expect OSHA's guidelines to
reduce injuries and illnesses related to MSDs?
Injuries and illnesses related to MSDs have consistently
declined over the last 10 years, even though there has not been a standard
addressing them. Guidelines, such as OSHA's Meatpacking Guidelines, and
voluntary industry efforts have been successful in reducing the injury and
illness rates for these disorders. For example, on a national basis, rates for
carpal tunnel injuries with days away from work have gone down by 39 percent
from 1992 to 1999. For the same time period, rates for strains and sprains with
days away from work have also gone down by 39 percent, and rates for back
injuries with days away from work have gone down by 45 percent. In the
meatpacking industry, with industry-specific guidelines and focused OSHA
enforcement, rates of carpal tunnel injuries with days away from work have gone
down 47 percent from 1992 to 1999. Over the same time period, rates of strains
and sprains with days away from work have gone down by 61 percent, and rates for
back injuries with days away from work have gone down by 64 percent. OSHA
expects that industry-or-task-specific guidelines will further reduce injuries
and illnesses as they are completed and implemented. OSHA's VPP (Voluntary
Protection Program) participants, who have implemented safety and health
programs, have injury and illness rates 53 percent below the average for their
respective SIC codes.
What is a guideline and how does it differ
from a standard?
A guideline is a tool to assist employers in recognizing
and controlling hazards. It is voluntary. Failure to implement a guideline is
not itself a violation of the General Duty Clause of the OSH Act. Guidelines
that OSHA develops will provide information to help employers identify ergonomic
hazards in their workplaces and implement feasible measures to control those
hazards.
Guidelines are more flexible than standards. They can be developed quickly and
can be changed easily as new information becomes available with scientific
advances. Guidelines make it easier for employers to adopt innovative programs
to suit their workplaces, rather than inflexible, one-size-fits-all solutions to
issues that may be unique to the industry or facility.
Does having guidelines mean that OSHA is
excluding a regulatory approach in the future?
OSHA will regularly review the injury and illness rates
for MSDs and make decisions based on the best-available information about what
approach to take to protect workers from MSDs. OSHA believes that guidelines
currently offer the best method of continuing to bring down injury and illness
rates for MSDs.
What industries will these guidelines cover?
OSHA will develop industry-or-task-specific guidelines for
a select number of industries, taking into account injury and illness incidence
rates as well as available information on what is known to work. These
guidelines will be developed with input from others. As
industry-or-task-specific guidelines are drafted, we will make public
announcements and share the information as broadly as possible.
Will the guidelines cover agriculture,
construction and maritime?
Guidelines offer the flexibility to go beyond general
industry. The previous administration's ergonomics standard was limited in scope
to general industry. In addition to the industry-specific guidelines that OSHA
plans to develop, the agency will encourage other industries to develop their
own guidelines to reduce MSDs.
Will OSHA use the new guidelines as a basis
for enforcement?
No. An employer's failure to implement the new guidelines
will not be a violation of the General Duty Clause of the OSH Act. Rather, OSHA
intends that the guidelines will provide information to help employers identify
ergonomic hazards in their workplaces and implement feasible measures to control
such hazards. For this reason, OSHA anticipates that there would likely be no
basis for a Section 5(a)(1) citation for employers with ergonomic hazards who
effectively implement the ergonomics guidelines or other appropriate measures.
OSHA will not be focusing its enforcement efforts on employers who have
implemented effective ergonomic programs or who are making good-faith efforts to
reduce ergonomic hazards.
What if I am an employer in an industry for
which OSHA does not develop industry-specific guidelines?
Even if there are no guidelines specific to your industry,
as an employer you still have an obligation under the General Duty Clause,
Section 5(a)(1) to keep your workplace free from recognized serious hazards,
including ergonomic hazards. OSHA will cite for ergonomic hazards under the
General Duty Clause or issue ergonomic hazard letters where appropriate as part
of its overall enforcement program. OSHA encourages employers where necessary to
implement effective programs or other measures to reduce ergonomic hazards and
associated MSDs. A great deal of information is currently available from OSHA,
NIOSH, and various industry and labor organizations on how to establish an
effective ergonomics program, and OSHA urges employers to avail themselves of
these resources.
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Enforcement:
Does this mean OSHA will not use the General
Duty Clause to cite for ergonomic hazards?
OSHA will use the General Duty Clause to cite employers
for ergonomic hazards. Under the OSH Act's General Duty Clause, employers must
keep their workplaces free from recognized serious hazards, including ergonomic
hazards. This requirement exists whether or not there are voluntary guidelines.
What will the OSHA enforcement program
entail?
OSHA has been assessing MSD-related issues in complaints,
referrals, and targeted inspections. OSHA will continue to evaluate the findings
of its inspections and issue General Duty Clause citations or hazard alert
letters for ergonomics hazards where appropriate. OSHA will do the same when
responding to worker complaints.
OSHA will conduct inspections for ergonomic hazards and issue citations under
the General Duty Clause and issue ergonomic hazard alert letters where
appropriate. OSHA will conduct follow-up inspections or investigations within 12
months of certain employers who receive ergonomic hazard alert letters.
OSHA will initiate a National Emphasis Program in the nursing home industry to
guide inspections of nursing homes, and to focus significant effort on
addressing ergonomic hazards related to patient lifting.
OSHA will conduct specialized training of appropriate staff on ergonomic hazards
and abatement methods and designate 10 regional ergonomic coordinators and
involve them in enforcement and outreach.
What about construction?
Where appropriate in the construction industry, OSHA will
continue to evaluate MSD-related issues through targeted inspections and
response to worker complaints.
Will OSHA notify employers who have high
rates of MSDs?
Yes. As an adjunct to the Site Specific Targeting (SST),
OSHA annually notifies employers in the OSHA Data Initiative who report high
Lost Workday Injury and Illness rates at their establishment(s), and recommends
that they seek assistance in addressing these workplace hazards. If employers
report high rates of injuries which in some cases may be related to ergonomic
issues, they will also be urged to seek assistance to address those hazards.
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