Feds finally release ergonomics rule amid resistance, but some welcome it
Feds finally release ergonomics rule amid resistance, but some welcome it
Much delayed proposal slips past legislative roadblocks
If nothing else, the Occupational Safety and Health Administration should get credit for being persistent. Despite years of opposition, including a very real threat from Congress to slash the agency’s funding, OSHA has released its proposed ergonomics rule for American businesses, which appears to be well on its way to being written into law.
The fight is long from over, but the release of the proposed rule indicates that OSHA is not going to back down any time soon. U.S. Secretary of Labor Alexis Herman said in a press release that an average of 300,000 workers can be spared from painful, potentially disabling injuries, and $9 billion can be saved each year under the proposed ergonomics program standard. (For information on how to review the proposal, see resource box, p. 3.)
"Work-related musculoskeletal disorders such as back injuries and carpal tunnel syndrome are the most prevalent, most expensive, and most preventable workplace injuries in the country," Herman said. "Real people are suffering real injuries that can disable their bodies and destroy their lives. The good news is that real solutions are available."
The proposed ergonomics program standard relies on what OSHA calls "a practical, flexible approach that reflects industry best practices and focuses on jobs where problems are severe and solutions well understood." It would require general industry employers to address ergonomics for manual handling or manufacturing production jobs. Employers also would need to fix other jobs where employees experience work-related musculoskeletal disorders.
About one-third of general industry work sites, 1.9 million, would be affected and more than 27 million workers would be protected by the standard. OSHA claims that implementing these measures would generate average savings of $9 billion annually in workers’ compensation and other direct costs alone. Fewer than 30% of general industry employers have effective ergonomics programs in place today, Herman says.
After a period of public debate and revision, OSHA says the ergonomics plan will be finalized as a rule by the end of 2000.
Though there are many details still to assess, the ergonomics rule is welcomed by William Patterson, MD, FACOEM, MPH, chair of the Medical Policy Board at Occupational Health and Rehabilitation in Wilmington, MA. He says occupational health professionals should find it a useful tool in helping employers prevent on-the-job injuries.
"Any practicing occupational health physician must recognize that occupational injuries are a far more common cause of suffering and loss of income to employees, and insurance costs and lost productivity to employers, than are occupational illnesses," he says. "Given the tremendous economic and social impact of occupational injuries, it is high time that OSHA issued a standard aimed at preventing occupational injuries. My experience is that prevention is cost-effective and works."
Most employers will find that the ergonomics rule offers an opportunity to prevent a significant number of injuries, Patterson says. Occupational health providers will play an important role in helping them get the most out of complying with the rule, he says.
"It’s about time that OSHA made a standard that addresses the common problems, not the uncommon problems," he says. "This is a rule that will have a lot of impact on American employers."
Rule endorsed by AAOHN, other groups
The release of the proposed rule also is welcomed by Deborah DiBenedetto, MBA, RN, COHN-S, ABDA, president of the American Association of Occupational Health Nurses (AAOHN) in Atlanta. AAOHN supports the rule’s concept, even though there may still be some details to work out before the rule is finalized, she says.
"Employee advocates have long awaited release of this proposal, and now it appears that legislative attempts to block its release have failed," she says. "It is important to get this proposal out for public comment. We don’t have specific comments on the proposal yet, but the association supports development of a standard that will be of benefit to both business and the national work force."
One of the greatest benefits of the proposed rule may be ensuring equal protection for workers across the country, DiBenedetto says. Many employers already recognize the need to prevent musculoskeletal injuries, but some have not yet accepted the idea. The federal rule may bring the latecomers into the fold and ensure that all workers are protected in the same way, she says.
Though workers stand to gain a great deal from the rule, DiBenedetto points out that employers all will benefit — and occupational health professionals should be sure they recognize that point. When an ergonomics program is implemented well, the employer can expect to see reductions in lost work time and workers’ compensation costs, as well as a boost in productivity, she says.
The American College of Occupational and Environmental Medicine (ACOEM) also has come out in favor of the proposed rule, though the president expresses the same hesitance as the nursing group to endorse all aspects without a closer look. Robert McCunney, MD, MPH, director of environmental medicine at the Massachusetts Institute of Technology in Boston, says the ACOEM supports OSHA’s efforts to establish an ergonomic standard, and the group’s ergonomics committee will be studying the proposal in depth.
"The college recognizes the relatively high prevalence of work-related musculoskeletal disorders that can be attributed to repetitive activities and the physical stress associated with certain jobs," he says. "Interventions can be extraordinarily helpful in reducing the incidence and severity of those ailments."
Employers should welcome the rule if they understand how it can benefit them, as well as their employees, McCunney says. Most interventions are relatively inexpensive, costing less than $1,000 in most cases, he says. The return on that investment can be significantly more, in the form of reduced absenteeism and medical costs.
ACOEM will offer oral and written testimony on the rule, McCunney says. The group’s only significant concern at this point is the importance of an accurate diagnosis.
"Obviously, the same conditions can occur outside of work, and the same symptoms can be from disorders that have no bearing on the job. So we want to be sure that the final rule ensures an accurate diagnosis, especially since the employer has responsibilities once the diagnosis is made," he says.
Charles Jeffress, assistant secretary of labor for occupational safety and health, says the proposal includes some unique provisions to expand flexibility for employers because "one size doesn’t fit all."
The proposal includes a "Quick Fix" option as well as a grandfather clause, both designed to limit what employers need to do while effectively protecting workers. Three-quarters of general industry employers would not need to do anything until a documented, work-related injury actually occurs, he says.
Each year, 1.8 million U.S. workers experience work-related musculoskeletal disorders, such as injuries from overexertion or repetitive motion. About one-third of these injuries, 600,000, are serious enough to require time off from work. Work-related musculoskeletal disorders (MSDs) account for one-third of all workers’ compensation costs each year because these injuries can require a lengthy recovery time.
According to OSHA, women disproportionately suffer some of the most severe MSDs. The reason is not because their bodies are more vulnerable to MSDs, but because a large number of women work in jobs associated with heavy lifting, awkward postures, or repetitive motion. Women suffer 70% of the carpal tunnel syndrome cases and 62% of the tendinitis cases that are serious enough to warrant time off work. Each year more than 100,000 women experience work-related back injuries that cause them to miss work.
For more information on the proposed regulation, contact:
• William Patterson, Medical Director, Occupational Health & Rehabilitation, 66B Concorde St., Wilmington, MA 01887. Telephone: (978) 657-3826.
• American Association of Occupational Health Nurses, 2920 Brandywine Road, Suite 100, Atlanta, GA 30341. Telephone: (770) 455-7757. Web: www.aaohn.org.
• American College of Occupational and Environmental Medicine, 1114 N. Arlington Heights Road, Arlington Heights, IL 60004. Telephone: (847) 818-1800. Fax: (847) 818-9266. Web: www.acoem.org.
- Written comments, postmarked no later than Feb. 1, 2000, must be submitted in duplicate to the Occupational Safety and Health Admini- stration (OSHA) Docket Office, Docket No. S-777, Room N-2625, U.S. Department of Labor, 200 Constitution Ave. N.W., Washington, DC 20210. Telephone: (202) 693-2350. Comments of 10 pages or less may be faxed to the Docket Office at (202) 693-1648.
- Comments may also be submitted electronically through OSHA’s Web site: www.osha.gov. Informa-tion such as studies, journal articles, etc., cannot be attached to the electronic response and must be submitted in duplicate to the above address. Such attachments must identify the respondent’s electronic submission by name, date, and subject, so they can be attached to the correct response.
- Informal public hearings will begin at 9:30 a.m. on Feb. 22, 2000, in the auditorium of the U.S. Department of Labor (Frances Perkins Building), 200 Constitution Ave. N.W., Washington, DC. Hearings will also be held beginning March 21 at the Benson Hotel, 309 S.W. Broadway, Portland, OR, and beginning April 11 at James R. Thompson Center, State of Illinois Building, 100 W. Randolph St., Chicago.
- The ergonomics proposal was published in the Nov. 23, 1999, Federal Register. Copies of the proposed regulatory text, introduction, and public participation sections are available on OSHA’s ergonomic Web site: www.osha-slc/ergonomics-standard/. OSHA also is making available, at no charge, a CD-ROM with the regulatory text, the preamble, the complete regulatory analysis, and the full discussion of health effects. Both the CD-ROM and printed copies can be ordered on the Web or by calling (202) 693-1888.
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