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Ergo is Back
On April 5, 2002, OSHA unveiled a comprehensive plan designed to dramatically
reduce ergonomic injuries through a combination of industry-targeted guidelines,
tough enforcement measures, workplace outreach, and dedicated efforts
to protect Hispanic and other immigrant workers.
"Our goal is to help workers by reducing ergonomic injuries in the
shortest possible time frame," said Labor Secretary Elaine L. Chao.
"This plan is a major improvement over the rejected old rule because
it will prevent ergonomic injuries before they occur and reach a much
larger number of at-risk workers."
GUIDELINES
OSHA will immediately begin work on developing industry and task-specific
guidelines to reduce and prevent ergonomic injuries, often called musculoskeletal
disorders (MSDs), that occur in the workplace. OSHA expects to begin releasing
guidelines ready for application this year. OSHA will also encourage other
business and industries to immediately develop additional guidelines of
their own.
ENFORCEMENT
The Department's ergonomics enforcement plan will crack down on bad actors
by coordinating inspections with a legal strategy designed for successful
prosecution. The Department will place special emphasis on industries
with the sorts of serious ergonomic problems that OSHA and DOL attorney
have successfully addressed in prior 5(a) (1) or General Duty clause cases.
For the first time, OSHA will have an enforcement plan designed from the
start to target prosecutable ergonomic violations. Also for the first
time, inspections will be coordinated with legal strategy developed by
DOL attorneys that is based on prior successful ergonomic cases and is
designed to maximize successful prosecution. And, OSHA will have special
ergonomic inspection teams that will, from the earliest stages, work closely
with DOL attorneys and experts to successfully bring prosecutions under
the General Duty clause.
COMPLIANCE ASSISTANCE
The new ergonomics plan also calls for compliance assistance tools to
help workplaces reduce and prevent ergonomic injuries. OSHA will provide
specialized training and information on guidelines and the implementation
of successful ergonomics programs. It will also administer targeted training
grants, develop compliance assistance tools, forge partnerships and create
a recognition program to highlight successful ergonomic injury reduction
efforts.
HISPANIC OUTREACH
As part of the Departments of Labor's cross-agency commitment to protecting
immigrant workers, especially those with limited English proficiency,
the new ergonomics plan includes a specialized focus to help Hispanic
and other immigrant workers, many of whom work in industries with high
ergonomic hazard rates.
A FOUR-PRONGED, COMPREHENSIVE APPROACH
This approach is based on the principles for an effective approach to
ergonomics: preventing injuries; using sound science in formulating a
strategy; providing incentives for cooperation between OSHA and employers;
maximizing flexibility and avoiding a one-size-fits all approach; creating
a feasible program, especially for small businesses; and ensuring clarity,
including short, simple, common-sense solutions.
The four segments of OSHA's strategy for successfully reducing injuries
and illnesses from MSDs in the workplace are:
Guidelines
- OSHA will develop industry-or-task specific guidelines for a number
of industries based on current incidence rate and available information
about effective feasible solutions. This work will take into account
guidelines and best practices already developed, including OSHA's own
Meatpacking Guidelines, issued in 1990.
- OSHA will encourage other industry to develop ergonomic guidelines
to meet their own specific needs.
- The goal is to encourage industries to implement measures as quickly
as possible to reduce work related MSDs. OSHA expects to start releasing
guidelines in selected industries in six months.
Enforcement
- OSHA's primary goal is the reduction of injuries and illnesses in
the workplace.
- Employers must keep their workplaces free from recognized serious
hazards under the OSH Act General Duty Clause. This includes ergonomic
hazards.
- OSHA will not focus its enforcement efforts on employers who have
implemented effective ergonomic programs or who are making good-faith
efforts to reduce ergonomic hazards.
- OSHA will conduct inspections for ergonomic hazards and issue citations
under the General Duty Clause and ergonomic hazard alerts letters where
appropriate. OSHA will conduct follow-up inspections or investigations
within 12 months of certain employers who receive ergonomic hazard alert
letters.
- OSHA has announced a National Emphasis Program in the nursing home
industry to guide inspections of nursing homes, and to focus significant
efforts 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.
- OSHA will address ergonomic hazards in its national emphasis program,
notifications, and inspections of employers in the Site Specific Targeting
program, and will offer assistance to those employers in this group
who have a high percentage of MSDs.
Outreach and Assistance
- OSHA will provide assistance to businesses, particularly small businesses,
and help them proactively address ergonomic issues in the workplace.
OSHA will also provide advice and training on the voluntary guidelines
and implementation of a successful ergonomics program.
- OSHA will target its Fiscal Year 2002 training grants to address ergonomic
and other agency priorities, including support for the development of
ergonomic training materials and the direct training of employers and
employees to promote a better understanding of ergonomic risks and the
prevention of MSDs.
- OSHA will develop a complete and comprehensive set of compliance assistance
tools, including internet-based training and information, to support
understanding of guidelines and how to proactively define and address
ergonomic problems.
- OSHA will provide courses at its 12 nonprofit educational partner
organizations, know as Education Centers, for private sector and other
federal agency personnel, and will develop and utilize distance learning
to make training available to a wider audience.
- OSHA will focus on developing new partnerships to implement and highlight
the value and effectiveness of voluntary ergonomic guidelines and will
use its existing partnerships programs to facilitate the development
of guidelines. Voluntary Protection Programs (VPP) sites will be used
to help model effective ergonomic solutions. VPP volunteers will mentor
other work sites, and provide training assistance.
- OSHA will also develop new recognition programs to highlight the achievements
of worksites with exemplary or novel approaches to ergonomics.
- As part of the Department of Labor's cross-agency commitment to protecting
immigrant workers, especially those with limited English proficiency,
the new ergonomics plan includes a specialized focus to help Hispanic
and other immigrant workers, many of whom work in industries with high
ergonomic hazard rates.
Research
- While there is a large body of research available on ergonomics, there
are many areas where additional research is necessary, including gaps
identified by the National Academy of Science (NAS). OSHA will serve
as a catalyst to encourage researchers to design studies in areas where
additional information would be helpful.
- OSHA will charter an advisory committee that will be authorized to,
among other things, identify gaps in research related to the application
of ergonomics and ergonomic principles to the workplace. This advisory
committee will report its findings to the Assistant Secretary and tot
he National Institute for Occupational Safety and Health (NIOSH).
- OSHA will work closely with NIOSH and through the National Occupational
Research Agenda process to encourage research in needed areas.
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