The Department's comprehensive plan to reduce
ergonomic hazards calls for enforcement under the general duty clause where
ergonomic hazards exist and employers are not making good-faith efforts to
prevent injuries. The enforcement program builds on the two OSH Review Commission decisions
(Pepperidge Farm and Beverly Enterprises) recognizing that the OSH Act general duty
clause may be used to require employers to address ergonomic hazards.
The decisions in these cases, coupled with
the subsequent settlement on remand in Beveryly Enterprises, provide a sound
basis for enforcement.
Inspection Plan
OSHA's current ergonomics inspection plan uses
OSHA’s Data Initiative
to identify workplaces in industries with higher than average injury rates.
OSHA will focus ergonomics inspection resources on industries with
relatively high rates of injuries that appear to be related to ergonomic
hazards and where there are feasible methods available to reduce those
hazards. In addition, Regional or Area Offices may implement Local Emphasis
Programs (LEPs) in industries with high musculoskeletal disorders or
repeated trauma rates and known ergonomic hazards. Four industries for
which LEPs were implemented in 2003 include hospitals, warehousing,
meatpacking, and automotive parts manufacturing. The agency will also
continue to respond to employee complaints about serious ergonomic hazards.
OSHA safety and health professionals will apply a step-by-step approach to
the evaluation of the extent of an ergonomic hazard in an establishment. As
part of the initial phase of the step-by-step approach, OSHA will assess the
LWDII/DART rate (lost workday injury and illness/days away, restricted or
transferred) and the severity rates over a three year period, as well as the
trends in those rates. Based on these rates, or on whether the employer has
an effective process in place to address ergonomic hazards, OSHA will
determine whether to conclude the ergonomics portion of the inspection.
Otherwise, the compliance officer will move into a more detailed site
evaluation, which could include job-specific documentation, further worker
and management interviews, consultation with Office of the Solicitor, and,
in appropriate cases, use of outside experts.
Nursing Homes
The Nursing Home National Emphasis Program, which began in July, 2002,
focused on ergonomic hazards related to resident handling. Other hazards
covered in the NEP were exposure to blood and other potentially infectious
materials, exposure to tuberculosis, and hazards that can lead to slips,
trips, and falls. Under this program, OSHA has conducted outreach,
inspected over 1,000 nursing homes, written over 120 hazard alert letters to
nursing home employers, and issued eight general duty clause citations.
In 2004, enforcement of nursing home facilities will be conducted under the
Site-Specific Targeting (SST) program. It is estimated that OSHA will
inspect approximately 400 long-term care facilities with the highest injury
and illness rates and we will continue to issue citations for ergonomic
hazards to those employers who ignore the frequently simple solutions to
reducing employee injury rates.
Citation Policy
Before issuing any citation alleging ergonomic
hazards, OSHA will consider the evidence in the particular case, as well as other
relevant factors. The basic criteria OSHA will use in deciding whether to
cite are those imposed by the General Duty Clause itself:
whether there exists an ergonomic hazard,
whether that hazard is recognized,
whether the hazard is causing, or is likely to cause, serious physical harm to employees,
and whether a feasible means exists to reduce the hazard.
OSHA will not focus its enforcement efforts on
employers who are making good faith efforts to reduce ergonomic hazards.
This means the employers must implement ergonomic efforts at individual
worksites. OSHA has issued citations to companies that have evidenced
corporate commitment to lowering ergonomic hazards in their workplaces BUT
have failed to effectively implement that commitment at specific sites. The
General Duty Clause applies to conditions at individual worksites.
Therefore, corporate commitment must be translated to positive action at the
individual workplaces, or OSHA will not hesitate to issue citations where
appropriate.
Even in cases where OSHA does not cite an employer, if ergonomic hazards
exist, it may issue hazard alert letters describing ways to reduce the
hazards and resources available to assist employers in this process. An
important new feature is that OSHA will follow up with some of the companies
that receive these letters, checking to evaluate what actions the employers
have taken to address ergonomic hazards.
Inspection Personnel
OSHA will use qualified safety and health personnel
who have been trained in the identification and abatement of ergonomic hazards to conduct
ergonomic-related inspections. To that end, the Agency:
Will continue to develop a cadre of personnel with experience and expertise
related to ergonomic hazards in specific industries and environments. These
personnel receive specialized training in ergonomics and ergonomic
enforcement.
Had identified an ergonomics coordinator in each Regional Office. The
relevant Regional Solicitor's Office will provide whatever legal assistance
is needed at the investigative stage and will designate a specific person as
the first point of contact for ergonomic issues.
Has established a National Inspection Team, including OSHA personnel
possessing specialized expertise, that assist in inspections that appear
likely to result in enforcement action. SOL personnel will work closely with
this team.
Utilize experts at appropriate stages in the inspection and include
these experts in the inspection team.
OSHA does not enforce voluntary ergonomic guidelines.
When citations are issued, OSHA provides examples of ways to fix problems,
but these examples are provided through the literature, where there is a
wealth of information on ergonomics and the solutions to these problems, and
through the experts.
Inspections of OSHA Strategic Partners
Employers who participate in an OSHA Strategic Partnership will be subject
to inspection in accord with the provisions of OSHA Directive TED 8-0.2 and
OSHA Instruction CPL 2-02-02. Under these instructions, where there is a
signed partnership agreement, the establishment may be carried over to a
future inspection cycle to allow the establishment to be deferred up to six
months from the signing of the partnership agreement.
