The Cutting Edge – January 2004

Safety News

By Jim Laster, Newman*Whitney Machine Company (jlaster@newmanwhitney.com)

Just a few years ago, this was a word that instilled fear in the hearts of manufacturing companies across the land. Thanks to the work of many groups and trade associations, WMMA® primary among them, the OSHA ergonomic rule was overturned. End of story, right? ….End of story, …Wrong!

The ergonomic rule isn’t gone, and concern over musculoskeletal disorders (MSDs) stemming form the workplace isn’t gone either. Read the following Q & A, which was copied with permission, from the web site of Personnel Concepts .com: http://www.personnelconcepts.com/

COMPLIANCE Q & A

WORKPLACE ERGONOMICS

Q: What is ergonomics?

A: Ergonomics is defined as the study of work. Other definitions describe ergonomics as "the science of fitting the work to the worker." Scientific research has shown that attention to engineering controls and workstation design in the workplace can decrease the incidence rate of musculoskeletal disorders (MSDs) such as Carpal Tunnel Syndrome. Since musculoskeletal disorders account for close to one-third of all occupational injuries, ergonomics continues to be a high priority safety and health topic for the Occupational Safety and Health Administration (OSHA).

Q: Does OSHA have a standard that requires employers to address ergonomics in the workplace?

A: No, though the General Duty Clause of the OSH Act is the regulation OSHA currently uses to prosecute companies who fail to address ergonomics hazards (See the next questions for more information). OSHA's first attempt at an ergonomics standard was released in November of 2000, but was repealed by Congress in March 2001. The ergonomics standard sought to require employers to implement a workplace MSD awareness and prevention program. Large corporations and various industry groups challenged the legislation, arguing against the agency's definition of "musculoskeletal disorder" and citing the high cost of implementation as a primary reason for their protest. The congressional repeal of the standard prompted OSHA to formulate a new strategy for regulating ergonomics based on voluntary guidelines and General Duty clause enforcement.

Q: What is OSHA's General Duty Clause and how does it apply to ergonomics?

A: Under the General Duty Clause (29 USC 654 (a)) of the Occupational Safety and Health Act of 1970, employers are required to provide a form of employment and a place of employment free from recognized hazards. Though OSHA's attempts to formally regulate ergonomics have been mired in controversy, reports of injury and illness data collected by the Bureau of Labor Statistics show that MSDs are the most prevalent work-related injury. Since MSD hazards are recognized workplace hazards, employers have a "general duty" to develop a means to prevent the occurrence of MSDs in the workplace. Failure to comply with OSHA requirements can result in fines up to $7,000.00 per violation.

Q: Did OSHA recently announce a new plan of action on ergonomics?

A: Yes. In March of this 2002, OSHA announced a four-pronged approach to reducing ergonomic injuries. The plan includes enforcement, outreach, guidance, and extensive research. The enforcement facet of the new plan seeks to target employers who have not implemented voluntary ergonomic programs in the workplace. According to an OSHA press release in April 2002, inspectors will conduct inspections "with a legal strategy designed for successful prosecution" under the General Duty clause. The "guidance" aspect of OSHA's four-pronged plan has focused on creating voluntary ergonomics guidelines for industries with the highest rates of MSD injuries. The first set of guidelines is designed specifically for nursing homes and is currently open to public review and comment. The next set of guidelines will be aimed at retail grocers and poultry processing plants.

Q: How can employers avoid penalties, fines, or prosecution under OSHA's General Duty Clause for ergonomics violations?

A: Since OSHA is targeting businesses that have not implemented voluntary programs, the only recourse for employers is to implement a voluntary program. Many companies throughout the country have implemented such programs to reduce workers' compensation costs and prevent lost work time. These measurable benefits, coupled with the added incentive of avoiding OSHA enforcement, make voluntary ergonomics programs a "voluntary necessity" for each employer.

Q: What should be included in a voluntary ergonomics program?

A: To comply with OSHA's General Duty Clause, reduce workers' compensation costs, and protect employees from MSD injuries such as Carpal Tunnel Syndrome, employers should establish a workplace ergonomics program that addresses potential ergonomics-related hazards. At a minimum, the program should include the following: task analysis checklists; basic screening tools; workstation checklists; Video Display Terminal (VDT) checklists; copies of OSHA publications on ergonomics; a copy of the National Institute for Occupational Safety and Health's Ergonomics Primer; complaint procedures; inspection procedures; procedures to determine the work-relatedness of MSD injuries; and training guidelines for all employees.

So what exactly does that have to do with a designer and manufacturer of woodworking machinery? At the least it offers you the opportunity to build a stronger relationship with your customer. Consider offering to jointly review the ergonomic issues related to the operation of your equipment in his facility.

If you spend a day observing and video taping the operation of your machinery and the work processes related to its use, you might be surprised at what you can learn from the operator’s perspective. Ask the following questions: What are the repetitive motions related to the job and how often (times per minute) are they performed? What are the posture-related concerns for operating the equipment, bending, stooping, reaching, lifting, etc ? And while you are observing, what are the safety issues? Finally, ask, how can I improve the process of operating my machinery in this application?

There are two experts on your machinery, you and your customer. Why not apply this wealth of information and industry to what could become a problem for both of you and attack the opportunity head on. In this way you may develop ideas to reduce the opportunities for MSD related to your product, improve your product marketplace appeal, and develop new products and ancillary equipment. It’s time to recognize that ergonomics is going to be a part of the way you do business in the future and now is the time to begin developing a plan and program to address the issues.