Masonry Magazine April 2000 Page. 34
OSHA
ALERT
by Joe O'Connor
OSHA 2000... The Ergonomics Battle
The release on Nov. 22, 1999, of the Occupational Safety and Health Administration's (OSHA) proposed rule on ergonomics may be the historic mark for a battle between OSHA and industry that can be considered nothing less than war.
To OSHA, this move represents a bold, gallant effort to eliminate workplace hazards that account for 34 percent of all lost workday injuries and illnesses. General industry, on the other hand, views the ergonomics rule as a flawed proposal targeted at alleged ailments with ambiguous origins.
The American Subcontractors Association (ASA) decried the rule as "ill-considered," pointing out how difficult it is to prove scientifically whether such injuries result from work, activities at home or physical predispositions.
For the construction industry, the proposed rule is a warning. The proposed rule, as well as actions taken by OSHA's Advisory Committee for Construction Safety and Health (ACCSH), should put the industry on notice to learn more about this issue. Although construction employers would be "exempted" from this initial rule, many contractors would be covered by the rule in their plants and an OSHA inspector could apply it to a construction site under "general duty" clauses. OSHA has indicated that it plans to follow the "general industry" rule with one targeting construction. One indication was the agency's approval in 1999 of a booklet titled Preventing Musculoskeletal Disorders in Construction Workers.
Ergonomics is the study of the impact of the work environment on the worker. It tries to determine the risk factors for the development of cumulative trauma disorders, often referred to as musculoskeletal disorders (MSDS). The proposed standard offers 12 examples of common MSDs: (1) Carpal tunnel syndrome; (2) Rotator cuff syndrome; (3) De Quervain's disease; (4) Trigger finger; (5) Tarsal tunnel syndrome; (6) Sciatica; (7) Epicondylitis; (8) Tendinitis; (9) Raynaud's phenomenon; (10) Carpet layers knee; (11) Herniated spinal disc; and (12) Low back pain. In simple terms, each represents an injury or disorder of the muscles, nerves, tendons, ligaments, joints, cartilage or spinal discs.
The proposed rule further defines the risk factors that OSHA believes cause these disorders. They include force (i.e., heavy lifting or other exertions); repetition; awkward postures; static postures; contact stress; vibration; and cold temperatures.
The proposed rule describes six elements required for a full ergonomics program:
1. Management leadership and employee participation. Employers must demonstrate their commitment to the program. Responsibilities must be assigned, along with necessary authority and resources. Employees must be given an opportunity to participate in the development, implementation and evaluation of the program.
2. Hazard information and reporting. A system must be in place to inform employees of MSD hazards, and reporting procedures that will allow you to determine if an MSD has occurred.
3. Job hazard analysis and control. An analysis of problem jobs must be performed to determine if ergonomic risk factors are present. If found, the employer must work with employees to eliminate hazards using engineering or administrative controls. Personal protective equipment may be used only to supplement these controls.
4. Training. Training on MSD hazards, the ergonomic program and site controls must be conducted every three years. It must be offered in a language that is understood by employees.
5. "MSD management." If an employee is diagnosed with an MSD, the health care professional must provide a written opinion on how to manage the recovery. Under the proposed rule, the employee is entitled to work restriction protection (WRP) in the amount of 100 percent of pay and benefits if placed on light duty, and 90 percent if removed from work. WRP remains in effect until the MSD hazards are fixed or six months have passed.
6. Program evaluation. The ergonomics program must be evaluated periodically, and at least every three years, to ensure that it is in compliance with this standard. Employees must be consulted in problem jobs to assess their views on the effectiveness of the program.
These elements are part of the proposed rule for general industry, but ACCSH's approval on Sept. 1, 1999, of a booklet titled Construction Industry Ergonomics Problems and Practices, which contains virtually identical treatment of ergonomics, leaves little doubt about where OSHA intends to go.
OSHA's proposed rule, along with ACCSH's recommendation to the industry, provide a template for a future regulation governing ergonomics in construction. In other words, OSHA regulation of ergonomics in the construction industry isn't here yet, but the battle has definitely begun.