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January 2001

The Director - Departments

Washington Wire

Preliminary Analysis of OSHA's Final Ergonomics Program Standard

Over the past several years, NFDA has participated in a coalition with other business trade associations to fight the promulgation of the Occupational Safety and Health Administration's (OSHA) Ergonomics Standard. While we continue to fight that battle in Congress, in the courts and with the new administration, the standard has been released in final form and goes into effect in October 2001. In the meantime, all businesses, including funeral homes, must begin the process of preparing for its implementation. In that regard, outlined below a summary analysis of the standard, including appropriate compliance dates and other information that will be necessary to know and understand. NFDA also has issued an issue advisory on this and will provide further compliance guidance as appropriate in order to help members understand this very complex and comprehensive new rule. Stated Purpose of the Standard Reduce the frequency and severity of muscularskeletal disorders (MSD) caused, contributed to or significantly aggravated by acute and/or chronic workplace exposure to the following risk factors: awkward posture, contract stress, force, repetition, and vibration. (Unlike the proposed rule, static posture and cold temperatures are not included.) Scope: General Industry (does not include Agriculture, Construction, Maritime or Railroad Operations). Core Elements: 1) MSD Hazard Information and Reporting; 2) Management Leadership and Employee Participation; 3) Hazard Analysis and Control; 4) Training; 5) Medical Management; and 6) Program Evaluation. Compliance Phases Phase I: No later than 10/15/01, provide all employees with information on MSD hazards and the reporting of MSDs and MSD signs and symptoms by 10/15/01. Do whatever more is necessary to be in compliance with the requirements with Phase II as they come due. Phase II: No later than 10/16/01, promptly investigate each employee report of an MSD or an "MSD sign" or "MSD symptom" and, to the extent required by the standard (as explained below), implement management leadership, employee participation, medical management, hazard analysis, and initial hazard controls. Phase III: To the extent required by the standard (as explained below), implement permanent hazard controls and program evaluation. Compliance Steps Step 1: MSD hazard and reporting information. Deadline: Complete by 10/15/01. Requirements: Provide all employees with required information on MSD hazards and the reporting of MSDs and MSD signs and MSD symptoms. Step 2: Determine whether reported condition is an "MSD incident." Deadline: Promptly investigate and make determination for reports received after 10/15/01. Requirements: Determine whether a reported condition is an "MSD incident" requiring further inquiry.1 Maintain records of employee reports and employer responses.2 The test is whether the condition: Is work-related (caused, contributed to or significantly aggravated by work); and Resulted in: Days away from work or restricted work (excluding the day of the report), Medical treatment beyond first aid, or An "MSD sign" or "MSD symptom" lasting seven days from report. An "MSD Sign" is one of the following: Decreased range of motion; Deformity; Decreased grip strength; or Loss of muscle function. An "MSD Symptom" is one of the following: Pain; Numbness; Tingling; Burning; Cramping; or Stiffness. Decision Point: If an "MSD incident," proceed to Step 3; otherwise stop. Step 3: Is Action Level exceeded? Deadline: Complete within seven days of MSD incident determination. Requirements: Determine whether employee's job "routinely involves," on one or more days a week, exposure to one or more "relevant" risk factors at or above the following Action Levels: Repetition - Performing the same motions every few seconds or repeating a cycle of motions more than twice per minute for more than two consecutive hours in a workday; Or using a keyboard and/or mouse in a steady manner for more than four hours total in a workday. Lifting - More than 75 pounds at any one time; More than 55 pounds more than 10 times per day; Or more than 25 pounds below the knees, above the shoulder, or at arms' length more than 25 times per day. Pushing/pulling - With more than 20 pounds of initial force for more than two hours total per day (equivalent to pushing a shopping cart with five 40-pound bags of dog food). Pinching - an unsupported object weighing two or more pounds per hand, or use of an equivalent pinching force, for more than two hours total per day. Gripping - an unsupported object weighing 10 pounds or more per hand, or use of an equivalent gripping force, for more than two hours total per day. Awkward Postures (further clarification from OSHA required) - Working with the back, neck or wrists bent or twisted for more than two hours total per day in any of the following described postures diagramed in the standard (Although it is not clear, it only makes sense that these diagrams would be an exhaustive listing of the covered awkward postures): Repeatedly raising or working with the hand(s) above the head or the elbow(s) above the shoulder(s). Kneeling or squatting. Standing with the apparently unsupported back bent forward at least 30 degrees. Working with the apparently unsupported neck bent forward some unspecified angle (apparently at least 30 and possibly 45 degrees) and possibly bent back some unspecified angle. If the diagrams were exhaustive, no neck twisting would be covered. Ulnar deviation of at least 30 degrees with open hand or hand gripping object. Wrist extension of at least 45 degrees or flexion of at least 30 degrees while gripping an object. Contact Stress - Using the hand or knee as a hammer more than 10 times per hour for more than two hours total per day. Vibration - Using tools or equivalent that typically have high vibration levels (such as chainsaws, jackhammers, percussive tools, riveting or chipping hammers) for more than 30 minutes total per day; Using tools or equipment that typically have moderate vibration levels (such as jig saws, grinders or sanders) for more than two hours total per day. Decision Point: If an MSD incident (per Step 2)3 and a relevant Action Level is exceeded, go to Steps 4, 5, 6 and 7; otherwise stop. Step 4: MSD Management. Deadline: Initiate within seven days of determination that relevant Action Level is exceeded. Requirements: Implement medical management requirements, including free access to HCP (including multiple HCP review), work restrictions, and WRP for up to 90 days. Maintain records of work restrictions, time off and HCP opinions. Step 5: Management Leadership & Employee Participation. Deadline: Initiate within 30 days of determination that relevant Action Level is exceeded. Requirements: Implement management leadership and employee-participation requirements. Step 6: Train Program Coordinators. Deadline: Complete within 45 days of determination that relevant Action Level is exceeded. Refresh every three years. Requirements: Train employees who set up and manage program. Step 7: Job Hazard Analysis (JHA). Deadline: Initiate within 60 days of determination that relevant Action Level is exceeded. Requirements: Determine whether job poses MSD hazard. Maintain record of each JHA. Decision Point: If job poses an MSD hazard (i.e., it is a "problem job"), go to Step 8; otherwise go to Step 9 and then Step 11. Step 8: Implement Interim Controls. Deadline: Complete within 90 days of determination that relevant Action Level is exceeded. Requirements: Implement initial engineering, work practice or administrative controls (or PPE where no others are feasible) to "substantially reduce the exposures" to the MSD hazards posed by the problem job.4 Maintain record of control measures. Step 9: Train Affected Employees. Deadline: Complete within 90 days of determination that relevant Action Level is exceeded. Refresh every three years. Requirements: Train current employees in problem job, and their supervisors and team leaders. Step 10: Implement Permanent Controls. Deadline: Complete within later of: a) two years of determination that relevant Action Level is exceeded; and b) 1/18/05. Requirements: Implement permanent engineering, work practice or administrative controls (or PPE where no others are feasible) to control (exposures to) MSD hazards for the problem job so that they: a) are no longer likely to cause MSDs requiring work restrictions or medical treatment; b) are at levels below those "specified" by the OSHA-approved hazard identification tools (e.g., NIOSH lifting equation, Snook Push/Pull Tables); or c) if neither "a" nor "b" is feasible, are reduced to the extent feasible with the obligation to reassess for further feasible controls every three years until "a" or "b" is achieved. Maintain record of control measures. Limitations: The employer's obligation is limited to the site where the triggering "MSD incident" occurred. The employer may determine that the MSD hazard poses a risk only to the "injured" employee and limit the job controls, training and evaluation of controls for that job to that employee. Step 11: Program Evaluation. Deadline: Complete within three years of determination that relevant Action Level is exceeded. Refresh every three years. Requirements: Implement comprehensive program evaluation and correct any deficiencies. Maintain record of program evaluation. Miscellaneous Requirements and Compliance Options Record-Keeping Retention Periods: Employee reports and employer responses: three years Work restrictions and time off: three years HCP Opinion: duration of employment plus three years Job hazard analyses: earlier of three years or update Control measures: earlier of three years or update Ergonomics program evaluation: earlier of three years or update Record-Keeping Required Access: All required records but HCP opinion: employees, employee representatives, OSHA and NIOSH.5 HCP opinion: affected employee, holder of employee's written consent, OSHA and NIOSH, per written access order.6 Quick-Fix Option: Instead of setting up a full ergonomics program, the quick-fix option permits the employer to implement a limited program involving MSD management, job-hazard analysis, and hazard control and evaluation. This option is only available if, within the last 18 months: (1) no more than one prior MSD incident has occurred in the problem job and (2) there have been no more than two prior MSD incidents in the entire workplace. In addition, the problem job must be fixed within 90 days of determining that the Action Level is exceeded. Existing Program Grandfathered: The employer may continue its existing program if it satisfied all of the core elements on November 13, 2000, and fully complies with the MSD management provisions of the standard by 1/16/01. John H. Fitch Jr. is NFDA's director of government relations in Washington, D.C.