Ergoweb – OSHA’s Final Ergonomics Program Standard

Appendicies

OSHA

Final Ergonomics Program Standard
Regulatory Text

November 2000

Note: The official version of the Regulatory Text will appear in the Federal Register Notice. The dates explaining when the rule becomes effective, and when employers must comply with the provisions of the Final Rule, will be included in the official notice.


XVII. The Standard

The Occupational Safety and Health Administration is amending Part 1910 of title 29 of the Code
of Federal Regulations as follows:

PART 1910 – [AMENDED]
New Subpart W of 29 CFR Part 1910 is added to read as follows:
Subpart W – Program Standards
Sec.
1910.900 Ergonomics program standard.

Subpart W — Program Standards

Authority: Secs. 4, 6, and 8, Occupational Safety and Health Act, 29 U.S.C. 653, 655, 657,
Secretary of Labor’s Order No. 3-2000 (65 FR 50017); and 29 CFR Part 1911.

§1910.900   Ergonomics Program Standard

(a) What is the purpose of this standard?
The purpose of this standard is to reduce the number and severity of musculoskeletal disorders
(MSDs) caused by exposure to risk factors in the workplace. This standard does not address
injuries caused by slips, trips, falls, vehicle accidents, or similar accidents.
Note to paragraph (a): Definitions of terms used in this standard are in paragraph (z) of this section.

(b) Does this standard apply to all employers?
This standard covers all employers covered by the Act with the following exceptions:

(1) This standard does not apply to employment covered by the following OSHA standards,
or to employment such as office management and support services directly related to that
employment:

(i) OSHA’s construction standards in Part 1926 of this Chapter;
(ii) OSHA’s maritime standards in Part 1915, 1917, or 1918 of this Chapter; or
(iii) OSHA’s agriculture standards in Part 1928 of this Chapter.

(2) This standard does not apply to railroad operations or to employment such as office
management and support services directly related to the operation of a railroad.

(c) How does this standard apply if I already have an ergonomics program in place
when the OSHA ergonomics program standard becomes effective?

(1) You may continue to implement your program instead of complying with paragraphs (d) through (y) of this section, provided that your program is written, complies with the requirements of paragraph (c) of this section, has been implemented before [insert date of publication in the FEDERAL REGISTER], and contains the following program elements:

(i) Management leadership, as demonstrated by an effective MSD reporting system and prompt responses to reports, clear program responsibilities, and regular communication with employees about the program;
(ii) Employee participation, as demonstrated by the early reporting of MSDs and active involvement by employees and their representatives in the implementation, evaluation, and future development of your program;
(iii) Job hazard analysis and control, as demonstrated by a process that identifies, analyzes, and uses feasible engineering, work practice, and administrative controls to control MSD hazards or to reduce MSD hazards to the levels below those in the hazard identification tools in Appendix D to this section or to the extent feasible, and evaluates controls to assure that they are effective;

Note to Paragraph (c)(1)(iii): Personal protective equipment (PPE) may be used to supplement engineering, work practice, and administrative controls, but you may only use PPE alone where other controls are not feasible. Where PPE is used, you must provide it at no cost to employees.

(iv) Training of managers, supervisors, and employees (at no cost to these employees) in your ergonomics program and their role in it; the recognition of MSD signs and symptoms; the importance of early reporting; the identification of MSD hazards in jobs in your workplace; and the methods you are taking to control them; and
(v) Program evaluation, as demonstrated by regular reviews of the elements of the program and of the effectiveness of the program as a whole, using such measures as reductions in the number and severity of MSDs, increases in the number of jobs in which MSD hazards have been controlled, or
reductions in the number of jobs posing MSD hazards to employees; and the correction of identified deficiencies in the program. At least one review of the elements and effectiveness of the program must have taken place prior to [insert date 60 days after the publication date of this standard.]

(2) By [Insert date one year after the effective date of this standard], you must have implemented a policy that provides MSD management as specified in paragraphs (p), (q), (r), and (s) of this section.

(3) An employer who has policies or procedures that discourage employees from participating in the program or reporting the signs or symptoms of MSDs or the presence of MSD hazards in the workplace does not qualify for grandfather status under paragraph (c) of this section.

(d) If the standard applies to me, what initial action must I take?

(1) You must provide each current and each new employee basic information about:

(i) Common musculoskeletal disorders (MSDs) and their signs and symptoms;
(ii) The importance of reporting MSDs and their signs and symptoms early and the consequences of failing to report them early;
(iii) How to report MSDs and their signs and symptoms in your workplace;
(iv) The kinds of risk factors, jobs and work activities associated with MSD hazards; and
(v) A short description of the requirements of OSHA’s ergonomics program standard.

(2) You must make available to the employee a summary of the requirements of this standard.

(3) You must provide the information in written form or, if all employees have access, in electronic form. You must provide the information to new employees within 14 days of hiring. You must post the information in a conspicuous place in the workplace (e.g., employee bulletin board or, if all employees have access, electronic posting).
Note to paragraph (d): You may use the information sheet in non-mandatory Appendix A to this section to comply with paragraphs (d)(1) of this section and the summary sheet in non-mandatory Appendix B to this section to comply with paragraph (d)(2) of this section.

(e) What must I do when an employee reports an MSD or the signs or symptoms of an MSD?

(1) You must promptly determine whether the reported MSD or MSD signs or symptoms qualify as an MSD incident. You may request the assistance of a Health Care Professional (HCP) in making this determination. A report is considered to be an MSD incident in the following two cases:

(i) The MSD is work-related and requires days away from work, restricted work, or medical treatment beyond first aid; or
(ii) The MSD signs or symptoms are work-related and last for 7 consecutive days after the employee reports them to you.

(2) If the employee has experienced an MSD incident, you must determine whether the job meets the standard’s Action Trigger. See paragraph (f) of this section.

(3) If the employee has not experienced an MSD incident, you do not need to take further action.

(f) How do I determine whether the employee’s job meets the Action Trigger?

(1) A job meets the Action Trigger if:

(i) An MSD incident has occurred in that job; and
(ii) The employee’s job routinely involves, on one or more days a week, exposure to one or more relevant risk factors at the levels described in the Basic Screening Tool in Table W-1.

(2) If the employee’s job does not meet the Action Trigger, you do not need to take further
action.

(g) What actions must I take if the employee’s job meets the Action Trigger?
For the employee’s job and all jobs in the establishment that are the same as that job, you must either:

(1) Comply with the Quick Fix option in paragraph (o) of this section, or

(2) Develop and implement an ergonomics program that includes the following elements:

(i) Management leadership as specified in paragraph (h) of this section;
(ii) Employee participation as specified in paragraph (i) of this section;
(iii) MSD management as specified by paragraphs (p), (q), (r), and (s) of this section;
(iv) Job hazard analysis as specified by paragraph (j) of this section;
(v) Hazard reduction and control measures as specified in paragraphs (k), (l), and (m) of this section, and evaluations as specified in paragraph (u) of this section, if the job hazard analysis determines that the job presents an MSD hazard;
(vi) Training as specified in paragraph (t) of this section.

(h) What must I do to demonstrate management leadership?
You must:

(1) Assign and communicate responsibilities for setting up and managing the ergonomics
program;

(2) Provide designated persons with the authority, resources, and information necessary to
meet their responsibilities;

(3) Ensure that your policies and practices encourage and do not discourage:

(i) The early reporting of MSDs, their signs and symptoms, and MSD hazards; and
(ii) Employee participation in the ergonomics program;

(4) Communicate periodically with employees about the ergonomics program and their concerns about MSDs.

(i) What must I do to ensure employee participation in my program?
You must ensure that employees and their representatives:

(1) Have ways to promptly report MSDs, MSD signs and symptoms, and MSD hazards in your workplace;

(2) Receive prompt responses to their reports of MSDs, MSD signs and symptoms, and MSD hazards;

(3) Are provided with a summary of the requirements of this standard, as specified in paragraph (d)(2) of this section, and have ready access to a copy of this standard and to information about MSDs, MSD signs and symptoms, MSD hazards, and your ergonomics program; and

(4) Have ways to be involved in the development, implementation, and evaluation of your ergonomics program.

(j) What must I do to determine whether a job that meets the Action Trigger poses an MSD hazard to employees in that job?

(1) You must conduct a job hazard analysis for that job. You may rely on an analysis previously conducted in accordance with this section to the extent it is still relevant.

(2) Your job hazard analysis must include all employees who perform the same job, or a sample of employees in that job who have the greatest exposure to the relevant risk factors, and include the following steps:

(i) Talk with those employees and their representatives about the tasks the employees perform that may relate to MSDs; and
(ii) Observe the employees performing the job to identify the risk factors in the job and to evaluate the magnitude, frequency, and duration of exposure to those risk factors.

(3) You must use one or more of the following methods or tools to conduct this analysis:

(i) One or more of the hazard identification tools listed in Appendix D-1 to this section, if the tools are relevant to the risk factors being addressed;
(ii) The occupation-specific hazard identification tool in Appendix D-2 to this section;
(iii) A job hazard analysis conducted by a professional trained in ergonomics; or
(iv) Any other reasonable method that is appropriate to the job and relevant to the risk factors being addressed.

(4) If you determine that there is an MSD hazard in the job, the job will be termed a “problem job.”

Note to paragraph (j): If you determine that the MSD hazards pose a risk only to the employee who reported the MSD, you may limit your job controls, training and evaluation to that individual employee’s job.

(k) What is my obligation to reduce MSD hazards in a problem job?

(1) You must:

(i) Control MSD hazards; or
(ii) Reduce MSD hazards in accordance with or to levels below those in the hazard identification tools in Appendix D to this section; or
(iii) If you cannot reduce MSD hazards in accordance with paragraphs (k)(1)(i) or (k)(1)(ii) of this section, you must do the following:

(A) Reduce MSD hazards to the extent feasible;
(B) At least every 3 years, assess the job and determine whether there are additional feasible controls that would control or reduce MSD hazards; and
(C) If such controls exist, implement them until you have reduced the MSD hazards in accordance with paragraphs (k)(1)(i) or (k)(1)(ii) of this section.

(2) If a work-related MSD occurs in a job whose hazard(s) you have reduced to the levels specified in paragraph (k)(1) of this section, you must:

(i) Ensure that appropriate controls are still in place, are functioning, and are being used properly, and
(ii) Determine whether new MSD hazards exist and, if so, take steps to reduce the hazards as specified in paragraph (m) of this section.

Note to paragraph (k): The occurrence of an MSD in a problem job is not in itself a violation of this standard.

(l) What kinds of controls must I use to reduce MSD hazards?

(1) For each problem job, you must use feasible engineering, work practice or administrative controls, or any combination of them, to reduce MSD hazards in the job. Where feasible, engineering controls are the preferred method of control.

(2) You may use personal protective equipment (PPE) to supplement engineering, work practice or administrative controls, but you may use PPE alone only where other controls are not feasible. Where you use PPE, you must provide it at no cost to employees.

(m) What steps must I take to reduce MSD hazards?

You must:

(1) Ask employees in the problem job and their representatives to recommend measures to
reduce MSD hazards;

(2) Identify and implement initial controls within 90 days after you determine that the job meets the Action Trigger. Initial controls mean controls that substantially reduce the exposures even if they do not reach the levels specified in paragraph (k)(1) of this section.

(3) Identify and implement permanent controls that meet the levels specified in paragraph (k)(1) of this section within 2 years after you determine that a job meets the Action Trigger, except that initial compliance can take up to [insert four years after the effective date of this standard] whichever is later.

(4) Track your progress and ensure that your controls are working as intended and have not created new MSD hazards. This includes consulting with employees in problem jobs and their representatives. If the controls are not effective or have created new MSD hazards, you must use the process in paragraphs (m)(1) and (m)(2) of this section to identify additional control measures that are appropriate and implement any such measures identified.

(n) [Reserved]

(o) May I use a Quick Fix instead of setting up a full ergonomics program?

(1) You may use a Quick Fix for a job if your employees have experienced no more than one MSD incident in that job, and there have been no more than two MSD incidents in your establishment, in the preceding 18 months.

(2) To use a Quick Fix, you must:

(i) Provide the MSD management required by paragraphs (p), (q), (r), and (s) of this section, as appropriate, to the employee promptly after you determine that the employee’s job meets the Action Trigger;
(ii) Talk with employees in the job and their representatives about the tasks the employees perform that may relate to the MSD incident; and
(iii) Observe employees performing the job to identify which risk factors are likely to have caused the MSD incident;
(iv) Ask the employee(s) performing the job and their representatives to recommend measures to reduce exposure to the MSD hazards identified;
(v) Within 90 days of your determination that the job meets the Action Trigger in paragraph (e) of this section, implement controls in the job in accordance with paragraph (l) of this section that control the MSD hazards or reduce MSD hazards in accordance with or to levels below those in the hazard identification tools in Appendix D to this section, and train the employee(s) in the use of these controls;
(vi) Within 30 days after you implement the controls, review the job to determine whether you have reduced the MSD hazards to the levels specified in paragraph (o)(2)(v) of this section; and
(vii) Keep a record of the Quick Fix process for each job to which it is applied. You must keep the record for 3 years.

(3) If you determine that you have reduced the MSD hazards to the levels specified in paragraph (o)(2)(v) of this section, you need take no further action except to maintain controls, the training related to those controls, and recordkeeping.

(4) If you have not reduced MSD hazards to the levels specified in paragraph (o)(2)(v) of this section, you must implement an ergonomics program, as specified in paragraph (g) of this section.

(p) What MSD management process must I implement for an employee who experiences an MSD incident in a job that meets the Action Trigger?

(1) You must provide the employee with prompt and effective MSD management at no cost to the employee. MSD management must include:

(i) Access to a Health Care Professional (HCP);
(ii) Any necessary work restrictions, including time off work to recover;
(iii) Work restriction protection; and
(iv) Evaluation and follow-up of the MSD incident.

(2) You must obtain a written opinion from the HCP for each evaluation conducted under this standard, and provide a copy to the employee. You must instruct the HCP that the opinion
may not include any findings or information that is not related to workplace exposure to risk factors, and that the HCP may not communicate such information to the employer, except when authorized to do so by State or Federal law.

(3) Whenever an employee consults an HCP for MSD management, you must provide the HCP with the following:

(i) A description of the employee’s job and information about the physical work activities, risk factors and MSD hazards in the job;
(ii) A copy of this standard; and
(iii) A list of information that the HCP’s opinion must contain.

Note to paragraph (p): MSD management under this standard does not include medical
treatment, emergency or post-treatment procedures.

(q) What information must the HCP’s opinion contain?
The HCP’s opinion must contain:

(1) The HCP’s assessment of the employee’s medical condition as related to the physical work activities, risk factors and MSD hazards in the employee’s job;

(2) Any recommended work restrictions, including, if necessary, time off work to recover, and any follow-up needed;

(3) A statement that the HCP has informed the employee of the results of the evaluation, the process to be followed to effect recovery, and any medical conditions associated with exposure to physical work activities, risk factors and MSD hazards in the employee’s job; and

(4) A statement that the HCP has informed the employee about work-related or other activities that could impede recovery from the injury.

(r) What must I do if temporary work restrictions are needed?

(1) If an employee experiences an MSD incident in a job that meets the Action Trigger, you must provide the employee with any temporary work restrictions or time off work that the HCP determines to be necessary, or if no HCP was consulted, that you determine to be necessary.

(2) Whenever you place limitations on the work activities of the employee in his or her current job or transfer the employee to a temporary alternative duty job in accordance with paragraph (r)(1) of this section, you must provide that employee with Work Restriction Protection, which maintains the employee’s employment rights and benefits, and 100% of his or her earnings, until the earliest of the following three events occurs:

(i) The employee is able to resume the former work activities without endangering his or her recovery; or
(ii) An HCP determines, subject to the determination review provisions in paragraph (s) of this section, that the employee can never resume his or her former work activities; or
(iii) 90 calendar days have passed.

(3) Whenever an employee must take time off from work in accordance with paragraph (r)(1) of this section, you must provide that employee with Work Restriction Protection, which maintains the employee’s employment rights and benefits and at least 90% of his or her earnings until the earliest of the following three events occurs:

(i) The employee is able to return to the former job without endangering his or her recovery;
(ii) An HCP determines, subject to the determination review provisions in paragraph (s) of this section, that the employee can never return to the former job; or
(iii) 90 calendar days have passed.

(4) You may condition the provision of WRP on the employee’s participation in the MSD management that this standard requires.

(5) Your obligation to provide WRP benefits to a temporarily restricted or removed employee is reduced to the extent that the employee receives compensation for earnings lost during the work restriction period from either a publicly or an employer-funded compensation or insurance program, or receives income from employment made possible by virtue of the employee’s work restriction.

Note to paragraph (r): The employer may fulfill the obligation to provide work restriction
protection benefits for employees temporarily removed from work by allowing the employees to take sick leave or other similar paid leave (e.g., short-term disability leave), provided that such leave maintains the worker’s benefits and employment rights and provides at least 90% of the employee’s earnings.

(s) What must I do if the employee consults his or her own HCP?

(1) If you select an HCP to make a determination about temporary work restrictions or work removal, the employee may select a second HCP to review the first HCP’s finding at no cost to the employee. If the employee has previously seen an HCP on his or her own, at his or her own expense, and received a different recommendation, he or she may rely upon that as the second opinion;

(2) If your HCP and the employee’s HCP disagree, you must, within 5 business days after receipt of the second HCP’s opinion, take reasonable steps to arrange for the two HCPs to discuss and resolve their disagreement;

(3) If the two HCPs are unable to resolve their disagreement quickly, you and the employee, through your respective HCPs, must, within 5 business days after receipt of the second HCP’s opinion, designate a third HCP to review the determinations of the two HCPs, at no cost to the employee;

(4) You must act consistently with the determination of the third HCP, unless you and the employee reach an agreement that is consistent with the determination of at least one of the HCPs;

(5) You and the employee or the employee’s representative may agree on the use of any expeditious alternative dispute resolution mechanism that is at least as protective of the employee as the review procedures in paragraph (s) of this section.

(t) What training must I provide to employees in my establishment?

(1) You must provide initial training, and follow-up training every 3 years, for:

(i) Each employee in a job that meets the Action Trigger;
(ii) Each of their supervisors or team leaders; and
(iii) Other employees involved in setting up and managing your ergonomics program.

(2) The training required for each employee and each of their supervisors or team leaders must address the following topics, as appropriate:

(i) The requirements of the standard;
(ii) Your ergonomics program and the employee’s role in it;
(iii) The signs and symptoms of MSDs and ways of reporting them;
(iv) The risk factors and any MSD hazards in the employee’s job, as identified by the Basic Screening Tool in Table W-1 and the job hazard analysis;
(v) Your plan and timetable for addressing the MSD hazards identified;
(vi) The controls used to address MSD hazards; and
(vii) Their role in evaluating the effectiveness of controls .

(3) The training for each employee involved in setting up and managing the ergonomics program must address the following:

(i) Relevant topics in paragraph (t)(2) of this section;
(ii) How to set up, manage, and evaluate an ergonomics program;
(iii) How to identify and analyze MSD hazards and select and evaluate measures to reduce the hazards.

(4) You must provide initial training to:

(i) Each employee involved in setting up and managing your ergonomics program within 45 days after you have determined that the employee’s job meets the Action Trigger;
(ii) Each current employee, supervisor and team leader within 90 days after you determine that the employee’s job meets the Action Trigger;
(iii) Each new employee or current employee prior to starting a job that you have already determined meets the Action Trigger;

(5) You do not have to provide initial training in a topic that this standard requires to an employee who has received training in that topic within the previous 3 years.

(6) You must provide the training required by paragraph (t) of this section in language that the employee understands. You must also give the employee an opportunity to ask questions about your ergonomics program and the content of the training and receive answers to those questions.

(u) What must I do to make sure my ergonomics program is effective?

(1) You must evaluate your ergonomics program at least every 3 years as follows:

(i) Consult with your employees in the program, or a sample of those employees, and their representatives about the effectiveness of the program and any problems with the program;
(ii) Review the elements of the program to ensure they are functioning effectively;
(iii) Determine whether MSD hazards are being identified and addressed; and
(iv) Determine whether the program is achieving positive results, as demonstrated by such indicators as reductions in the number and severity of MSDs, increases in the number of problem jobs in which MSD hazards have been controlled, reductions in the number of jobs posing MSD hazards to employees, or any other measure that demonstrates program effectiveness.

(2) You must also evaluate your program, or a relevant part of it, when you have reason to believe that the program is not functioning properly.

(3) If your evaluation reveals deficiencies in your program, you must promptly correct the deficiencies.

Note to paragraph (u): The occurrence of an MSD incident in a problem job does not in itself mean that the program is ineffective.

(v) What is my recordkeeping obligation?

(1) If you have 11 or more employees, including part-time or temporary employees, you must keep written or electronic records of the following:

(i) Employee reports of MSDs, MSD signs and symptoms, and MSD hazards,
(ii) Your response to such reports,
(iii) Job hazard analyses,
(iv) Hazard control measures,
(v) Quick fix process,
(vi) Ergonomics program evaluations, and
(vii) Work restrictions, time off of work, and HCP opinions.

(2) You must provide all records required by this standard, other than the HCP opinions, upon request, for examination and copying, to employees, their representatives, the Assistant Secretary and the Director in accordance with the procedures and time periods provided in §1910.1020(e)(1), (e)(2)(i), (e)(3), and (f).

(3) You must provide the HCP opinion required by this standard, upon request, for examination and copying, to the employee who is the subject of the opinion, to anyone having the specific written consent of the employee, and to the Assistant Secretary and the Director in accordance with the procedures and time periods provided in §1910.1020(e)(1), (e)(2)(ii), (e)(3), and (f).

(4) You must keep all records for 3 years or until replaced by updated records, whichever comes first, except the HCP’s opinion, which you must keep for the duration of the employee’s employment plus 3 years.

(5) You do not have to retain the HCP opinion beyond the term of an employee’s employment if the employee has worked for less than one year and if you provide the employee with the records at the end of his or her employment.

(w) When does this standard become effective?
This standard becomes effective [insert date 60 days after the publication date
of final rule
].

(x) When must I comply with the provisions of the standard?

(1) You must provide the information in paragraph (d) of this section to your employees by
[insert date 11 months after the date of publication]. After that date you must respond to employee reports of MSDs and signs and symptoms of MSDs.

(2) You must meet the time frames shown in Table W-2 for the other requirements of this section, when you have determined that an employee has experienced an MSD incident, in accordance with paragraph (e) of this section.

TABLE W-2
COMPLIANCE TIME FRAMES

REQUIREMENTS AND RELATED RECORDKEEPING TIME FRAMES
Paragraph (e), (f): Determination of Action Trigger Within 7 calendar days after you determine that the employee has experienced an MSD incident.
Paragraphs (p),(q),(r),(s): MSD Management Initiate within 7 calendar days after you determine that a job meets the Action Trigger.
Paragraph (h) & (i): Management Leadership and Employee Participation Initiate within 30 calendar days after you determine that a job meets the Action Trigger.
Paragraph (t)(4)(i): Train Employees involved in setting up and managing your ergonomics program Within 45 calendar days after you determine that a job meets the Action Trigger.
Paragraph (j): Job Hazard Analysis Initiate within 60 calendar days after you determine that a job meets the Action Trigger.
Paragraph (m)(2): Implement Initial Controls Within 90 calendar days after you determine that a job meets the Action Trigger
Paragraph (t)(5)(ii): Train current employees, supervisors or team leaders Within 90 calendar days after you determine that the employee’s job meets the Action Trigger.
Paragraph (m)(3): Implement Permanent Controls Within 2 years after you determine that a job meets the Action Trigger, except that initial compliance can take up to [insert date 4 years and 60 days after the date of publication] whichever is later.
Paragraph (u): Program Evaluation Within 3 years after you determine that a job meets the Action Trigger

Note to paragraph (x): Refer to paragraph (o) of this section for Quick Fix timeframes.

(y) When may I discontinue my ergonomics program for a job?

You may discontinue your ergonomics program for a job, except for maintaining controls and training related to those controls, if you have reduced exposure to the risk factors in that job to levels below those described in the Basic Screening Tool in Table W-1.

(z) Definitions.
The following definitions apply to this standard:

Administrative controls are changes in the way that work in a job is assigned or scheduled that reduce the magnitude, frequency or duration of exposure to ergonomic risk factors. Examples of administrative controls for MSD hazards include:

(1)   Employee rotation;
(2)   Job task enlargement;
(3)   Alternative tasks;
(4)   Employer-authorized changes in work pace.

Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health, or designated representative.

Control MSD Hazards: means to reduce MSD hazards to the extent that they are no longer reasonably likely to cause MSDs that result in work restrictions or medical treatment beyond first aid.

Director means the Director of the National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designated representative.

Employee representative means, where appropriate, a recognized or certified collective
bargaining agent.

Engineering controls are physical changes to a job that reduce MSD hazards. Examples of
engineering controls include changing or redesigning workstations, tools, facilities, equipment,
materials, or processes.

Follow-up means the process or protocol an employer or HCP uses to check on the condition of an employee after a work restriction is imposed on that employee.

Health care professionals (HCPs) are physicians or other licensed health care professionals whose legally permitted scope of practice (e.g., license, registration or certification) allows them to provide independently or to be delegated the responsibility to carry out some or all of the MSD management requirements of this standard.

Job means the physical work activities or tasks that an employee performs. This standard considers jobs to be the same if they involve the same physical work activities or tasks, even if the jobs have different titles or classifications.

Musculoskeletal disorder (MSD) is a disorder of the muscles, nerves, tendons, ligaments, joints, cartilage, blood vessels, or spinal discs. For purposes of this standard, this definition only includes MSDs in the following areas of the body that have been associated with exposure to risk factors: neck, shoulder, elbow, forearm, wrist, hand, abdomen (hernia only), back, knee, ankle, and foot. MSDs may include muscle strains and tears, ligament sprains, joint and tendon
inflammation, pinched nerves, and spinal disc degeneration. MSDs include 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 (HAVS), carpet layer’s knee, and herniated spinal disc. Injuries arising from slips, trips, falls, motor vehicle accidents, or similar accidents are not considered MSDs for the purposes of this standard.

MSD hazard means the presence of risk factors in the job that occur at a magnitude , duration, or frequency that is reasonably likely to cause MSDs that result in work restrictions or medical treatment beyond first aid.

MSD incident means an MSD that is work-related, and requires medical treatment beyond first aid, or MSD signs or MSD symptoms that last for 7 or more consecutive days after the employee reports them to you.

MSD signs are objective physical findings that an employee may be developing an MSD. Examples of MSD signs are:

(1)   Decreased range of motion;
(2)   Deformity;
(3)   Decreased grip strength; and
(4)   Loss of muscle function.

MSD symptoms are physical indications that an employee may be developing an MSD. For purposes of this standard, MSD symptoms do not include discomfort. Examples of MSD symptoms are:

(1)   Pain;
(2)   Numbness;
(3)   Tingling;
(4)   Burning;
(5)   Cramping; and
(6)   Stiffness.

Personal protective equipment (PPE) is equipment employees wear that provides a protective barrier between the employee and an MSD hazard. Examples of PPE are vibration-reduction gloves and carpet layer’s knee pads.

Problem job means a job that the employer has determined poses an MSD hazard to employees in that job.

Risk factor means, for the purpose of this standard: force, awkward posture, repetition, vibration, and contact stress.

Work practice controls are changes in the way an employee performs the physical work activities of a job that reduce or control exposure to MSD hazards. Work practice controls involve procedures and methods for safe work. Examples of work practice controls for MSD hazards
include:

(1)   Use of neutral postures to perform tasks (straight wrists, lifting close to the body);
(2)   Use of two-person lift teams;
(3)   Observance of micro-breaks.

Work-related means that an exposure in the workplace caused or contributed to an MSD or
significantly aggravated a pre-existing MSD.

Work restriction protection (WRP) means the maintenance of the earnings and other employment rights and benefits of employees who are on temporary work restrictions. Benefits include seniority and participation in insurance programs, retirement benefits and savings plans.

Work restrictions are limitations, during the recovery period, on an employee’s exposure to MSD hazards. Work restrictions may involve limitations on the work activities of the employee’s current job (light duty), transfer to temporary alternative duty jobs, or temporary removal from the workplace to recover. For the purposes of this standard, temporarily reducing an employee’s work requirements in a new job in order to reduce muscle soreness resulting from the use of muscles in an unfamiliar way is not a work restriction. The day an employee first reports an MSD is not considered a day away from work, or a day of work restriction, even if the employee is removed from his or her regular duties for part of the day.

You means the employer as defined by the Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.)

Appendices to §1910.900.

Non-Mandatory Appendix A to §1910.900: What You Need To Know About Musculoskeletal Disorders (MSDs)

Non-Mandatory Appendix B to §1910.900: Summary of the OSHA Ergonomics Program Standard

Appendix C to §1910.900 [Reserved]

Appendix D to §1910.900: Hazard Identification Tools

Appendix D-1 to §1910.900: Ergonomics Job Hazard Analysis Tools (Mandatory)

Appendix D-2 to §1910.900: VDT Workstation Checklist

Appendix E: {PDF} Ergonomics Rule Flow Chart

Non-Mandatory Appendix B to §1910. 900: Summary of the OSHA Ergonomics Program Standard

1. Why did OSHA issue an Ergonomics Program Standard?
OSHA has issued an ergonomics standard to reduce musculoskeletal disorders (MSDs) developed by workers whose jobs involve repetitive motions, force, awkward postures, contact stress and vibration. The principle behind ergonomics is that by fitting the job to the worker through adjusting a workstation, rotating between jobs or using mechanical assists, MSDs can be reduced and ultimately eliminated.

2. Who is covered by the standard?
All general industry employers are required to abide by the rule. The standard does not apply to employers whose primary operations are covered by OSHA’s construction, maritime or agricultural standards, or employers who operate a railroad.

3. What does the rule require employers to do?
The rule requires employers to inform workers about common MSDs, MSD signs and symptoms and the importance of early reporting. When a worker reports signs or symptoms of an MSD, the employer must determine whether the injury meets the definition of an MSD incident — a work-related MSD that requires medical treatment beyond first aid, assignment to a light duty job or temporary removal from work to recover, or work-related MSD signs or MSD symptoms that last for seven or more consecutive days.

If it is an MSD Incident, the employer must check the job, using a Basic Screening Tool to determine whether the job exposes the worker to risk factors that could trigger MSD problems. The rule provides a Basic Screening Tool that identifies risk factors that could lead to MSD hazards. If the risk factors on the job meet the levels of exposure in the Basic Screening Tool, then the job will have met the standard’s Action Trigger.

4. What happens when the worker’s job meets the standard’s Action Trigger?
If the job meets the Action Trigger, the employer must implement the following program elements:

    A. Management Leadership and Employee Participation: The employer must set up an MSD reporting and response system and an ergonomics program and provide supervisors with the responsibility and resources to run the program. The employer must also assure that policies encourage and do not discourage employee participation in the program, or the reporting of MSDs, MSD signs and symptoms, and MSD hazards.
    Employees and their representatives must have ways to report MSDs, MSD signs and symptoms and MSD hazards in the workplace, and receive prompt responses to those reports. Employees must also be given the opportunity to participate in the development, implementation, and evaluation of the ergonomics program.

    B. Job Hazard Analysis and Control: If a job meets the Action Trigger, the employer must conduct a job hazard analysis to determine whether MSD hazards exist in the job. If hazards are found, the employer must implement control measures to reduce the hazards. Employees must be involved in the identification and control of hazards.

    C. Training: The employer must provide training to employees in jobs that meet the Action Trigger, their supervisors or team leaders and other employees involved in setting up and managing your ergonomics program.

    D. MSD Management: Employees must be provided, at no cost, with prompt access to a Health Care Professional (HCP), evaluation and follow-up of an MSD incident, and any temporary work restrictions that the employer or the HCP determine to be necessary. Temporary work restrictions include limitations on the work activities of the employee in his or her current job, transfer of the employee to a temporary alternative duty job, or temporary removal from work.

    E. Work Restriction Protection: Employers must provide Work Restriction Protection (WRP) to employees who receive temporary work restrictions. This means maintaining 100% of earnings and full benefits for employees who receive limitations on the work activities in their current job or transfer to a temporary alternative duty job, and 90% of earnings and full benefits to employees who are removed from work. WRP is good for 90 days, or until the employee is able to safely return to the job, or until an HCP determines that the employee is too disabled to ever return to the job, whichever comes first.
    Second Opinion: The standard also contains a process permitting the employee to use his or her own HCP as well as the employer’s HCP to determine whether work restrictions are required. A third HCP may be chosen by the employee and the employer if the first two disagree.

    F. Program Evaluation: The employer must evaluate the ergonomics program to make sure it is effective. The employer must ask employees what they think of it, check to see if hazards are being addressed, and make any necessary changes.

    G. Recordkeeping: Employers with 11 or more employees, including part-time employees, must keep written or electronic records of employee reports of MSDs, MSD signs and symptoms and MSD hazards, responses to such reports, job hazard analyses, hazard control measures, ergonomics program evaluations, and records of work restrictions and the HCP’s written opinions. Employees and their representatives must be provided access to these records.

    H. Dates: Employers must begin to distribute information, and receive and respond to employee reports by [INSERT DATE 11 MONTHS AFTER THE PUBLICATION DATE]. Employers must implement permanent controls by [INSERT DATE FOUR YEARS AFTER THE PUBLICATION DATE] or two years following determination that a job meets the Action Trigger, whichever comes later. Interim controls must be implemented within 90 days after the employer determines that the job meets the Action Trigger. Other obligations are triggered by the employer’s determination that the job has met the Action Trigger.

5. Flexibility Features of the Ergonomics Program Standard

    A. Employers whose workers have experienced a few isolated MSDs may be able to use the “Quick Fix” option to reduce hazards and avoid implementing many parts of the program.

    B. Employers who already have ergonomics programs may be able to “grandfather” existing programs.

    The employer may discontinue parts of the program under certain conditions.

The full OSHA Ergonomics Standard can be found at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=federal_register&p_id=16305.

APPENDIX C TO §1910.900 [RESERVED]