American Meat

Institute Foundation :
Briefing on the
New OSHA
Ergonomics Rule

J. Dan McCausland
January 10, 2001
Agenda & Objectives
Rule Analysis
1. OSHA definition of an ergonomics program
2. Differences between the new rule and typical
existing ergonomics programs
3. Key provisions and compliance requirements

Compliance Recommendations
1. Plant ergonomics team(s)
2. MSD Management - separate from ergo team
3. Procedures and documentation; etc.
 Agenda & Objectives
Other Preliminary Thoughts
1. Read Preamble to final rule - at least section IV,
“Summary and Explanation”
- FR Vol. 65, No. 220, Tuesday, 11/14/00
- Pages 68273 - 68434
- Very helpful in understanding OSHA intentions;
clarification of several points.
2. “Quick Fix” Provision
29CFR1910.900(o)
- Won’t be applicable for many due to restrictions
- No more than 2 MSDs in preceding 18 months
Rule Analysis
Key Provisions, Differences, and Compliance
Requirements:
1. Ergonomics program - definition
2. MSDs versus CTDs
3. Grandfather clause
4. Action Trigger - screening process
5. MSD management provisions
6. Providing information to employees
7. Record keeping and documentation
 Rule Analysis 2

Program Elements
Ergonomics Program - Seven Required Elements:
1. Management leadership
2. Employee participation
3. MSD management
4. Job Hazard Analysis (JHA)
5. Hazard reduction and control measures
6. Training
7. Program evaluation
 Element 1

Management Leadership
Commitment to program; must provide:
 Overall support
 Assign and communicate responsibilities
 Provide authority, resources -- time, $$,
people
 Communicate periodically with employees
 Ensure policies and practices encourage,
and do not discourage, participation and
early reporting
 Element 2

Employee Participation
Employees and their representatives
must have:
 Ways to report MSD signs/symptoms and
MSD hazards in the workplace
 Prompt response to these reports
 Access to standard and information on
program
 Ways to be involved in development,
implementation, and evaluation of program
 Element 3

Musculoskeletal Disorders
MSDs versus CTDs
1. Musculoskeletal Disorders = much larger group
than CTDs. (CTD = subset of MSD)
2. Still focused on muscles, nerves, tendons,
ligaments, joints, discs, and “soft tissues”.
3. Application limited to specific body areas:
Neck, Shoulder, Elbow, Forearm, Wrist, Hand,
Abdomen (hernia only) and Back, Knee, Ankle, Foot
4. Slips, trips, falls, motor vehicle accidents, and
other instantaneous incidents are excluded.
 Element 3

MSDs -- Definition
“A disorder of the muscles, nerves, tendons,
ligaments, joints, cartilage, blood vessels,
or spinal discs.”
Includes such medical conditions as low back
pain, tension neck syndrome, carpal tunnel
syndrome, rotator cuff syndrome,
DeQuervain’s syndrome, trigger finger, tarsal
tunnel syndrome, sciatica, epicondylitis,
tendinitis, Raynaud’s phenomenon, hand-arm
vibration syndrome, carpet layer’s knee, and
herniated spinal disc.
 Element 3

MSD Management
• Respond promptly to reports of MSDs or MSD
hazards
• Promptly determine whether temporary work
restrictions are needed
• HCP access, information, opinion etc. - for
evaluation, management, and follow-up
• Provide “Work Restriction Protection” at no
cost to employee.
 Element 3

MSD Management
MSD Management Provisions
1. Provide prompt (w/in 1 week) and effective MSD Mgmt.-
when employee has an MSD and job rises above action
trigger level(s).
 Access to a Health Care Provider (HCP)
– If needed to evaluate employee condition
– HCP is selected by the employer
 Any necessary work restrictions (including time off to
recover, if needed)
 Work Restriction Protection (“WRP”)
 Evaluation and follow-up of MSD Incident
 At no cost to employee
 Element 3

MSD Management
1. Obtain written opinion from HCP for each
evaluation conducted.
Copy to be provided to employee
2. Provide HCP with following information:
 Description of job and relevant factors, risks, etc.
 Copy of 1910.900 standard
 List of information HCP opinion must contain -
assessment of medical condition, any work
restrictions, statement that employee has been
informed of results and other relevant activities.
 Element 3

MSD Management
3. Temporary Work Restrictions and “WRP”
 Provide restrictions as needed to recover
 Provide WRP - 2 Cases:
– At work: maintain all rights and benefits, plus
100% of earnings
– Off work: maintain all rights and benefits, plus
90% of earnings
 WRP remains in effect until earliest of:
– Employee returns to regular job,
– HCP determines that employee can never return to
regular job, or
– 90 Calendar days have passed
 Element 3

MSD Management
4. Temp. Work Restrictions and “WRP” (cont.)
 WRP is conditional to employee participation and
cooperation in MSD Management process
 Cost of WRP may be reduced to extent of any other
compensation (e.g. Workers Compensation, outside
earnings, sick/paid leave option.)
 Preamble states that “Earnings generally means
gross pay.” - to determine 100% or 90% figures.
 OSHA objective with WRP is to encourage full
reporting of MSD incidents, and remove any barriers
to doing so.
 Element 3

MSD Management
5. Right to 2nd (and 3rd) HCP opinion:
 Employee may select a HCP for 2nd opinion
 If company and employee HCPs disagree, Company
must arrange (w/in 5 days after receipt of 2nd opinion)
for review by the 2 HCP’s to resolve their differences.
 If HCPs cannot agree, Company and employee,
through respective HCPs, must choose a 3rd HCP to
review the determinations of the first 2 HCP’s.
 3rd HCP opinion is binding - unless company and
employee agree on one of initial HCPs findings.
 Use of “any expeditious alternative dispute resolution
mechanism” is OK as long as it is at least as protective
of employee as standard.
 Element 3

MSD Management
6. Companies still must comply with state workers’
compensation laws.
• Process and impact of MSD Management will vary by
state.
 States where employee has right to choose HCP for other
Work Comp situations - TBD.
 Recovery of WRP costs as those relate to Worker
Compensation payments may be regulated by state.
 Each state varies as to how Workers Compensation
claims, medical attention, and TTD payments are made.
May impact WRP and other MSD Management
Procedures.
 Element 4

Job Hazard Analysis

– Analyze jobs (identified by “action trigger”) to
assess ergonomics risk factors
– Must include all employees who perform job,
or a sample of those with greatest risk
exposure
 Talk with employees about tasks and risks
 Observe employees performing job to identify risk
 Define risk magnitude, frequency and exposure

Note: may limit to an individual employee’s job

if risk is employee-specific
 Element 4

Job Hazard Analysis

 Conduct analysis using 1 or more
methods/tools
 Hazard identification tools - Appendix D-1
 VDT Workstation checklist - Appendix D-2
 JHA conducted by professional Ergonomist
 “Any other reasonable method”; appropriate to job
and relevant to risk factors involved.
 If JHA defines an MSD hazard, job is
termed a “problem job” (and controls must
be applied).
 Element 5

Hazard Reduction and Control

 Control, reduce to “acceptable” levels,

or reduce to extent feasible
 Control/Intervention Hierarchy
1. Engineering controls
2. Administrative controls
3. Work Practice controls
Note: PPE is not considered an acceptable
“control measure” - may be used only as a
supplement
 Element 5

Hazard Reduction and Control

Hazard control steps required

 Ask employees for recommended measures
 Initial controls within 90 days after action trigger
 Permanent controls within 2 years, except that initial
compliance can take up to 1/18/05
 Track progress and ensure controls are working
 If problems persist, do repeated iterations
 Element 6

Training
Provide training about MSD hazards, your
ergonomics program, and measures for
eliminating or materially reducing
hazards.
– Initially, periodically (at least every 3 years)
and at no cost to employees
– Must train all employees in problem jobs
– Supervisors of employees in problem jobs
– Persons involved in setting up and managing
the ergonomics program
 Element 6

Training
Training must include, as appropriate:
 Requirements of standard
 Your program and employees’ role in it
 Signs and symptoms of MSDs, how to report
 Risk factors and hazards in table W-1
 Plan and timing for addressing MSD hazards
 Controls used to address hazards
 Employee role in evaluating control’s effectiveness

Training must be in a language the employee

understands; opportunity to ask questions.
 Element 7

Program Evaluation
Evaluate at least every 3 years, to include:
 Consult with employees about program effectiveness
 Evaluate each element for proper functioning
 Evaluate program for elimination or material reduction
of MSD Hazards
 Determine whether positive results are occurring
 Promptly correct any deficiencies identified

Evaluate at any time you have reason to

believe that program is not functioning
properly
 Rule Analysis 3

Grandfather Clause
Grandfather Clause - section 1910.900(c)
1. You may continue to implement your program,
instead of complying with paragraphs (d) through (y),
provided that your program is written, complies with
section (c) requirements, has been implemented
before 11/14/00, and contains the following elements:
 Management Leadership
 Employee Participation
 Job Hazard Analysis and Control
 Training
 Program Evaluation (at least 1 review in writing
before 1/16/01)
 Rule Analysis 4

Grandfather Clause
– Implement a policy providing MSD management
- as specified in paragraphs (p), (q), and ( r) - by
January 16, 2002.
– An employer who has policies and procedures
that discourage employees from participating in
the program or reporting the signs or symptoms
of MSDs or MSD hazards does not qualify for
grandfather status.
 Rule Analysis 5

Grandfather Clause
4. OSHA permits extension of status from an
existing, qualified program to new plants built
or acquired later.
5. “… OSHA is not interested in technical
compliance but in real effectiveness.” (preamble)
6. Preamble indicates OSHA wants to recognize
and foster solid, existing programs. Good idea
to document the logic of why your program
meets qualifications.
 Rule Analysis 6

Action Trigger
Action Trigger - 1910.900(e) and (f)
Incident based - “MSD Incident” occurs when:
– MSD meets definition
– Incident is work related
– Requires days away from work, restricted
work, or medical treatment beyond first
aid; Or
– MSD signs/symptoms persist for 7
consecutive days after report
 Rule Analysis 7

Action Trigger
Exposure screen - does job routinely involve
exposure to risk factors in table W-1?
In particular:
– Repetition
– Force (lifting, push/pulling, pinching, gripping)
– Awkward Postures
– Contact Stress
– Vibration
Does not include cold as a distinct risk factor.
 Rule Analysis 8

Employee Information
Provide each current and new employee basic
information
 Common MSDs; signs and symptoms (appendix
A)
 Importance of early reporting
 How to report
 Kinds of risk factors, jobs and activities
associated with MSDs (appendix A)
 Short description of requirements of OSHA rule
(appendix B)
 Rule Analysis 9

Employee Information
• Make available a summary of OSHA
standard (appendix B)
• Provide to new employees within 14
days of hiring
• Post in a conspicuous place
 Rule Analysis 10

Records
Must keep records of:
1. Employee reports of MSD incidents & hazards
2. Company response to reports - including action
trigger evaluation of job
3. Job hazard analyses (JHAs)
4. Controls implemented - initial and permanent, track
progress
5. Quick-fix records
6. Ergonomics program evaluations
7. MSD management records - WRP, time off, HCP
opinions, etc.
 Rule Analysis 11

Records
Must keep all records for 3 years, except HCP
opinions, which must be kept for duration of
employment plus 3 years.
Other records you may want to keep/document:
Ergonomics improvements not triggered by MSDs
Training - all types, employee information
Annual ergonomics plan
Copy of grandfather clause program evaluation
Employees and/or representatives must be given
access to all records per §1910.1020
 Rule Analysis 12

Compliance Dates
Grandfather Clause
11/14/00 Latest date for programs considered
1/16/01 At least 1 evaluation completed
1/16/02 Policy for MSD Management must be in place for
grandfathered programs
1910.900 Ergonomics Program Standard
1/16/01 Effective Date
10/15/01 Compliance begins; provide information and respond to reports,
etc.
See table W-2 for time frames to complete various actions.
Note that all timing begins from date of Action Trigger
determination.
 Compliance Recommendations

Team-based approach
1. There are other methods, this is the preferred
method of the speaker.
2. Local teams provide compliance by design with:
Management Leadership
Employee Participation
3. Teams allow for wide exposure to the program
and a grass roots commitment to the effort.
4. Teams manage program activities,
management provides process direction and
guidance to teams.
 Compliance Recommendations 2

Plant Ergonomics Teams

1. Team comprised of representatives from
both labor and management
– Representatives from different departments, shifts
– Include maintenance, supervision, sanitation, etc.
2. Train team in needed ergonomics skills
– Ergonomics practice and principles
– Basic anthropometry; 5th to 95th%ile worker
– Design characteristics of work stations
– JHA techniques, OSHA rule, observation of jobs
– Train the trainer - to provide plant training needs
 Compliance Recommendations 3

Ergonomics Teams (cont.)

3. Team administered Plant Ergonomics
Program
– Receives reports of MSDs, hazards
– Evaluates Action Trigger screen
– Performs JHA; recommends control measures
– Performs plant awareness training
– Documents all activities and ergonomics modifications
– Defines work hardening and job rotation practices
– Assures that team functions meet criteria for both
Management Leadership and Employee Participation
provisions.
 Compliance Recommendations 4

MSD Management Team

1. Separate from ergonomics team - sole purpose is
to coordinate MSD management
2. Includes HCP (if available), HR representative;
like ergonomics team, have representatives
from different departments.
3. Develops working protocols, forms, etc. with
selected HCP(s). Provide plant tour to HCP(s).
4. Documents all MSD management activities.
5. Communicates to ergonomics team, plant
management as needed.
 Compliance Recommendations 5

Procedures and Documentation

Establish an “Ergonomics Coordinator”
 Control all documentation requirements
 Establish data flow on all actions
 Track all program activities

Develop database (e.g. in MS-Access) to

record all Ergonomics activity - relational
to jobs and employees
 Inputs from Ergonomics Team
 Inputs from MSD Management Team

Cross reference to OSHA log as appropriate

 Compliance Recommendations 6

Ergonomics Program Integration

1. Actions from each team/responsibility should
have monthly review (e.g. at plant safety
committee, plant manager staff meeting,
engineering project teams).
2. Feedback from MSD management team to
ergonomics team will be crucial to evaluating
effectiveness of controls implemented.
3. Documentation updates can be initiated via
reports from database.
4. The more these teams develop a working
relationship the better.
 Compliance Recommendations 7

Between now and 10/15/01

Ergonomics Team
– Select team members
– Train team in all aspects and responsibilities
 Action trigger determination
 JHA process to be used
 Ergonomics principles and practices
 Basic anthropometry - as applies to work situations
 Work station design parameters and adjustability
– Establish team operating procedures
– Team focus on “actual” ergonomics activities
 Compliance Recommendations 8

Between now and 10/15/01

MSD Management Team
– Select team members
– Train on rule provisions
– Establish sound working relationship with HCP
to be used on MSD cases
 Meet and discuss rule, application to plant, etc.
 Discuss referral process
 Determine any applicable “standing orders”
 Etc.
– Develop needed protocols, forms, pay
procedures, etc.
– Team focus on MSD management only
 Compliance Recommendations 9

Between now and 10/15/01

Documentation and Recordkeeping Team
• Select team members
• Train on documentation requirements
• Set up MSD database - employee and job
relational
• Define formats for all inputs (other teams or
internal sources)
• Decide what to document - other than required
by rule
 Compliance Recommendations 10

Between now and 10/15/01

Management responsibilities
– Coordinate teams development and preparation;
include charter of responsibilities, authority,
expectations, etc.
– Ensure “on-time” readiness
– Establish operating practices for periodic review and
reporting of Ergonomics and MSD activities
– Establish operating relationships between teams
– Establish expectation of early reporting for MSD’s and
hazards
 Review and eliminate any disincentives to reporting
 Communicate expectations to workforce
– Communicate program to employees