| OSHA's Final Ergonomics Program Standard became effective as of January 16, 2001. The purpose of the standard is to reduce the number and severity of musculoskeletal disorders (MSDs) which are defined as disorders of the muscles, nerves, tendons, ligaments, joints, cartilage, blood vessels or spinal discs caused by exposure to "risk factors" in the workplace including repetition, force, awkward postures, contact stress and vibration. MSDs include conditions such as carpal tunnel syndrome, tendinitis, muscle strains and lower back pain. The new standard covers all general industry employers, but does not apply to construction, maritime, agriculture, or railroad industries. It also is not intended to cover injuries resulting from slips, trips, falls, vehicle accidents or similar accidents.
The requirements imposed on employers by the new standard are very complex. In essence, they include studying jobs, identifying MSD hazards, and implementing programs to control or reduce them throughout the workplace. Among other things, the standard also requires that all covered employers furnish information to their employees which will enable them to recognize and report work-related MSDs. This must be done no later than October 14, 2001. After that date, employers will be required to respond to employee-reported MSDs by, among other things, providing "MSD Management" which may include either a leave of absence up to 90 days at 90% of pay and full benefits, or a temporary assignment to another job for up to 90 days at 100% of pay and benefits, as well as taking steps to eliminate the risk.
It should be noted that OSHA expects employers to use the time between now and October 14, 2001 to begin taking active steps to control and reduce MSD hazards in the workplace.
The publication of this highly controversial new standard has generated significant negative reaction. Lawsuits challenging the standard have been filed by, among others, the National Association of Manufacturers (NAM), the U.S. Chamber of Commerce, and a group of major insurance carriers. In addition, several labor unions have filed suits claiming that the standard does not go nearly far enough to reduce the risk of debilitating MSDs. All of the pending suits have apparently been consolidated into a single proceeding in the U.S. Circuit Court of Appeals for the District of Columbia. The NAM has also announced that it will immediately push the new Congress to enact a joint resolution of disapproval which, if signed by President Bush, would completely invalidate the new standard.
We will try to keep you posted regarding developments on this matter as they occur. In the meantime, please call us with any questions regarding the specifics of the standards or any other issue you would like us to address.
The following link provides access to the full text of the new OSHA Ergonomics Standard.
http://www.osha.gov/
We welcome your comments regarding the topics addressed. If you have any questions, please feel free to contact the following partners in our Labor and Employment Group:
Gayle M. Athanacio
San Francisco
415.882.5077 |
Jack B. Levitt
New York
212.768.6986 |
Amy L. Bess
Washington, D.C.
202.408.6444 |
Lisa A. MacVittie
Washington, DC
202.408.6356 |
Roger T. Brice
Chicago
312.876.3112 |
Richard L. Marcus
Chicago
312.876.8177 |
Martin J. Foley
Los Angeles
213.892.5004 |
Sandra R. McCandless
San Francisco
415.882.2412 |
Mark P. Johnson
Kansas City
816.932.4424 |
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