Last year the federal Department of Labor repealed the controversial Clinton-era mandatory ergonomics regulations but promised to develop another strategy for reducing workplace injuries stemming from ergonomic problems. Now, rather than apply a single ergonomics standard to a broad range of industries, the federal Occupational Safety and Health Administration has come up with a new program based on voluntary industry-specific guidelines. But California employers must still comply with the mandatory state ergonomics standard.
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Four-Pronged Approach
OSHA’s new strategy for reducing ergonomic injuries in the workplace has four components:
- Industry-specific guidelines. OSHA will develop industry- and task-specific guidelines for a number of industries, taking into account instructions and best practices already developed, such as OSHA’s guidelines for the meat-packing industry. The agency expects to start issuing industry-specific guidelines within six months and encourages industry groups to develop their own guidelines.The crucial difference between the previous ergonomics regulation and the planned industry-specific guidelines is that the new ones will be voluntary for employers. Failure to implement the new federal guidelines will not be an OSHA violation.
- Enforcement under general duty clause. Although the new guidelines will be voluntary, employers still have a general duty to keep their workplace free from recognized safety and health hazards. Thus, federal OSHA plans to inspect workplaces for ergonomic risks and will cite employers for ergonomic hazards under the general duty provision. Alternatively, the agency may issue hazard alert letters and conduct follow-up inspections within 12 months to check that ergonomic hazards were corrected. OSHA does not plan to focus enforcement resources on employers who have implemented their own effective ergonomics programs or who are making good-faith efforts to reduce ergonomic hazards. However, the agency says it will put significant enforcement efforts into ergonomic hazards in the nursing home industry related to patient lifting.
- Outreach and assistance efforts. OSHA will provide assistance, especially to small businesses, to help employers address ergonomic issues in the workplace. The agency plans to offer advice and training on the voluntary guidelines and develop tools such as Internet-based training and information to help employers understand the guidelines. Special assistance will be given to Hispanic and other immigrant workers in industries with high ergonomic hazard rates.
- Research coordination. OSHA will identify gaps in research concerning workplace ergonomics issues. The agency will also work with the National Institute for Occupational Safety and Health to encourage research in needed areas.
State Rules Still Apply
Although the new federal OSHA guidelines will be voluntary, California employers are still subject to state ergonomics rules, which are mandatory. For details on the California standards. You can also contact your nearest Cal/OSHA Consultation Service office.