Ergonomics Final Rule
Ergonomics Final Rule Includes Changes from the 1999 Proposed Rule
OSHA’s Ergonomics final rule, published in the Nov. 14 Federal Register, contains several changes from the 1999 proposed rule. Since the proposal’s announcement, OSHA received more than 8,000 written public comments and listened to more than 700 witness testify during public hearings. Based largely on the public comments, the final standard contains significant changes from the proposal.
The following are highlights of the differences between the final rule and the 1999 proposed rule:
| Final Rule | 1999 Proposed Rule | |
|---|---|---|
| Scope of coverage | Covers all of general industry. | Covered all general industry with focus on manufacturing and manual handling jobs. |
| Quick Fix option | Can use so long as there is not more than one musculo-skeletal disorder (MSD) in a job and no more than two MSDs in the establishment, within 18 months. | Not permitted if more than one MSD occurs within 36 months. |
| Work Restriction Protection (WRP) | WRP benefits last until employee is able to safely return to work, or a health care professional (HCP) determines employee can never return to work, or 90 calendar days have passed, whichever comes first. | WRP benefits last until either employee is able to return to the job, or measures that eliminate MSD hazards have been implemented, or six months have passed. |
| Action Trigger | When an MSD or signs or symptoms are reported, employer determines job relatedness using simple screening tool. | Complex criteria involving one or more recordable MSDs occurring in an activity that constituted a core element of the job. |
| Basic Screening Tool | Two-page checklist that identifies risk factors which could lead to an MSD hazard. | Basic screening tool not included. Proposed rule included three more risk factors than the final rule: whole body vibration, cold temperatures, and static postures. |
| Second Opinion from HCP | Employee is entitled to a second opinion from his or her own HCP regarding the employer-selected HCP’s determinations about work restrictions or work removal. If both determinations differ, the employer may seek a third HCP opinion to resolve differences. | Not included. |
| Steps to Reduce MSD Hazards | Specific tools provided for job hazard analysis. | No specific tools provided for job hazard analysis. Compliance end points unclear. |
| Grandfather Clause | Compliance with fewer specific obligations and one year delay in implementation of MSD management, including WRP. | Compliance required for basic obligations of all program elements, including WRP. |
| Recordkeeping | Employers with 11 or more employees required to maintain records for three years or until replaced by updated records. | Employers with 10 or more employees to maintain most records for only three years. |
The final rule’s effective date is Jan. 16, 2001. In addition, the final rule has the following compliance dates:
- Employee Information—Provide information to employees within 11 months of the standard’s effective date.
- MSD Management—Within 7 calendar days after job meets Action Trigger.
- Management Leadership and Employee Participation—Within 30 calendar days after job meets Action Trigger.
- Job Hazard Analysis—Within 60 calendar days after job meets Action Trigger.
- Implement Initial Controls—Within 90 calendar days after job meets Action Trigger.
- Implement Permanent Controls—Not later than four years after standard’s effective date.
- Program Evaluation—Within three years after job meets Action Trigger.