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Issue of the Month

November 2000, OSHA Publishes Controversial Ergonomics Standard

Even before its release on Monday, Nov. 13, OSHA's final ergonomics program standard was under attack from several quarters, primarily employer associations who branded the new standard overly intrusive and cost prohibitive. Branded as even more onerous than the previously proposed standard, the standard applies to all employers except those in the construction, maritime, agriculture and railroad sectors. While OSHA estimates the annual cost to employers at around $4.5 billion, critics say the cost will be several times that figure.

Each of the 6.1 million places of employment covered by the standard must provide every current and new employee basic information about (1) the signs and symptoms of common musculoskeletal disorders (MSDs); (2) how to report such disorders; (3) the risk factors associated with MSD hazards; and (4) the requirements in the standard.

Once an employer determines that a reported MSD qualifies as a work-related MSD incident under the standard, it must then determine whether the employee's job routinely involves exposure to one or more relevant risk factors. If it does, then the employer in some cases must develop and implement an ergonomics program that includes specified elements such as management leadership, employee participation, recordkeeping requirements, job hazard analysis, hazard reduction and employee training.

In addition, injured employees unable to return to work could receive up to 90% of their salary and full benefits for up to 90 days.

Employers must begin to distribute information and must receive and respond to employee reports by October of 2001.

The full text of the standard, which will be published in the Nov. 17 issue of the Federal Register, is available on OSHA's web site: www.osha.gov.


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© Krukowski & Costello, 2008 Disclaimer: Krukowski & Costello, S.C., presents this information for educational purposes only. While this information is about legal issues, it is not legal advice. For legal advice about specific legal cases, consult your attorney, or call (414) 423-1330 and ask to speak to an attorney at Krukowski & Costello, S.C.