On November 13, the Occupational Safety and Health Administration (OSHA) issued its final Ergonomics Program standard (29 CFR 1910.900) to address employee exposure to ergonomic risks in workplaces that can lead to musculoskeletal
disorders (MSDs).
In response, the National Association of Manufacturers (NAM), the US Chamber of Commerce, the National Coalition of Ergonomics, and numerous trade associations filed lawsuits challenging the rule. Additionally, some Members of Congress have already stated their intention to submit the rule
to the Congressional Review Act (CRA) that allows Congress to invalidate a regulation within 60 legislative days after its issuance.
Because this issue will be debated in the courts for many months to come, wire companies need to start taking action now to comply with this wide-reaching rule.
When Does It All Begin?
The final rule became effective January 16, 2001, but there is a phase-in period for different aspects of the standard. The minimal requirement that all companies must meet, by October 15, 2001, is to inform employees about
the program.
In order to comply, employees must be briefed on:
· Common MSDs and their signs and symptoms.
· The importance of reporting MSDs early.
· How to report MSDs in the workplace.
· The kinds of risk factors, jobs and work activities associated with MSD hazards.
· A short description and summary of the requirements of OSHA's ergonomics standard.
This information must be provided in written form or, if all employees have access, in electronic form, and be posted in a conspicuous place in the workplace. New employees must be provided the information within 14 days of their hire.
The remainder of the rule's requirements depend upon whether an MSD that meets or exceeds "Action Trigger" levels is reported or not. When an employee reports an MSD, the employer must first determine whether it is indeed an MSD incident, defined by the standard as "work-related" and
that resulted in:
· Days away from work or restricted work;
· Medical treatment beyond first aid; or
· MSD symptoms or signs that persist for 7 or more days.
If it is determined that an MSD incident did occur, the employer must investigate, within 7 days, whether the employee's job has risk factors that meet or exceed the standard's action trigger levels on one or more days a week.
If the risk factors in the employee's job do not exceed these action trigger levels, the employer does not need to implement an ergonomics program for that job. If they meet a trigger level, the employer must either implement the Quick Fix option or develop and implement a full ergonomics program
for that job.
The final rule sets out alternative provisions - or the "Quick Fix" approach - that employers may follow, if they meet specific criteria, in lieu of setting up a full ergonomics program. This option allows employers to control an MSD hazard quickly and more informally without conducting a complete job hazard analysis, setting up a training program or a periodic
program evaluation process.
If the employer does not meet the criteria for a quick fix option, then a full ergonomics program must be developed containing the following eight elements:
1. Management Leadership:
Provides the focus and direction of the program, as well as the needed resources in terms of both personnel commitment and funding.
2. Employee Participation:
OSHA believes employees are essential sources of information about the MSDs, risk factors and MSD hazards in their work areas.
3. MSD Management:
Provides for prompt and appropriate management when an employee has experienced an MSD incident.
4. Job Hazard Analysis and Control:
Provides for a system of identifying and addressing the risk factors that meet the action trigger. Employers must conduct a job hazard analysis, within 60 days of determination that an action trigger level is met or exceeded, to determine whether that job presents an MSD hazard to employees in that job.
(NOTE: Unless the employer qualifies for and chooses the Quick Fix Option, the employer must use the job hazard analysis process to determine whether the physical work activities and job conditions pose an MSD hazard to workers.
Jobs that do are called "problem jobs" and must be controlled.)
5. Hazard Reduction and Control:
Under this program element, employers must control the risk factors in problem jobs identified during the job hazard analysis. The final rule requires the employer to use feasible engineering, work practice or administrative controls, or any combination of them, to reduce MSD hazards in problem jobs. Interim controls must be in place within 90 days of determination that an action trigger level is met or exceeded; permanent controls are required within 2 years or by April 18, 2005.
6. Training:
Provides employees with the information and understanding that they need to participate in the ergonomics program. In addition, the training required includes more detailed information that supervisors, team leaders and other employees involved in setting up and managing ergonomics programs need to carry out their program-related responsibilities effectively.
When it is determined that an employee's job meets the Action Trigger, the employer has 45 days from that time to train employees involved in setting up and managing the program, and 90 days to train each current employee in that job, their supervisor and team leader.
7. Program Evaluation:
Employers are required to evaluate their programs every three years and at other times if they have reason to believe that the program is not functioning properly.
8. Recordkeeping:
The standard requires employers with 11 or more employees (including part-time or temporary employees) to maintain for three years certain records as outlined in the rule. These records must be accessible to employees and their designated representatives.
There is a grandfather clause in the standard which, under certain conditions, permits an employer who has already implemented an ergonomics program to continue that program instead of complying with the OSHA standard. Employers
can do this only if their program is:
· In writing;
· Contains the core elements of basic ergonomics programs; and
· Is demonstrably effective.
For More Information
AWPA has developed a much more detailed information sheet on this rule and exactly what companies need to do in order to comply. This fact sheet can be found on the AWPA website in the Operations Manager section.
In addition, OSHA intends to make compliance assistance conveniently available to the public, both through its website (www.osha.gov) and through printed publications. Among the compliance assistance materials expected will be a compliance guide specifically designed to inform small businesses of their obligations under the rule in language that is readily understandable.
Companies can also call the OSHA Ergonomics Team at 202-693-2116 for more information, as well as to request a hard copy of the rule.
Compliance Time Frames
| Requirements and Related Recordkeeping |
Time frames |
| Determination of action trigger |
Within 7 calendar days after determining the employee has experienced
an MSD incident |
| MSD management |
Initiate within 7 calendar days after determining that a job meets
the action trigger |
| Management leadership |
Initiate within 30 and employee participation calendar days after determining
that a job meets the action trigger |
| Train employees involved in setting up and managing the ergonomics
program |
Within 45 calendar days after determining that a job meets the action
trigger |
| Job hazard analysis |
Initiate within 60 calendar days after determining that a job meets
the action trigger |
| Train current employees, supervisors or team leaders |
Within 90 calendar days after determining that the employee's job meets the action trigger |
| Implement permanent controls |
Within 2 years after meets the determining that a job action trigger, but initial compliance can take up to January 18, 2005, whichever is later |
| Program evaluation |
Within 3 years after determining that a job meets the action trigger |
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American Wire Producers Association
801 North Fairfax Street, Suite 211
Alexandria, VA 22314-1757
Tel (703) 299-4434 | Fax (703) 299-9233 | E-mail info@awpa.org | Web: www.awpa.org
