Ergonomics is the study of work. From an OSHA perspective, it is the process of designing the job to fit the employee, rather than forcing the employee’s body to fit the job. This process may include modifying tasks, the work environment, and equipment to meet the specific needs of an employee to alleviate physical stress on the body and eliminate potentially disabling work related musculoskeletal disorders (“MSDs”). The overall goal is to eliminate injuries and disorders associated with the overuse of soft tissues, e.g., muscles or tendons, awkward posture, and repeated tasks. Such common injuries include carpal tunnel syndrome, tendinitis, and other sprains and strains.
As some may recall, ergonomics was a very hot topic for OSHA in the 1990s. In 2000, OSHA, which had spent a decade studying ergonomics, estimated that $1 of every $3 spent on workers’ compensation stems from ergonomic issues and that the direct costs attributable to MSDs were $15 to $20 billion a year, with total annual costs upwards of $54 billion.
OSHA began an ergonomics rule-making process in 1992 and started drafting an ergonomics standard in 1995, which eventually culminated in the issuance of an Ergonomics Program Standard on November 4, 2000, which became effective on January 16, 2001. The new rule generally contained requirements for most non-construction employers to identify and abate MSDs. Not surprisingly, there was strong criticism by various industry and business groups about the new rule which focused on, among other things, mandatory compliance, cost, and tension with state workers’ compensation laws. Shortly after taking office, President Bush signed Senate Joint Resolution 6 on March 20, 2001, which repealed the new standard. Read More
The ABA – OSHA Committee held its 2017 Midwinter Meeting in Jupiter Florida from March 7 – 10. It was well attended by OSHA practitioners across the country including many prominent government attorneys including: Susan Harthill, Deputy Solicitor for National Operations; Thomas Galassi, Director, Directorate of Enforcement Programs, OSHA; the Honorable Covette Rooney, Chief Judge, U.S. Occupational Safety and Health Review Commission; and Heather MacDougall, Acting Chairperson, Occupational Safety and Health Review Commission.
Congress granted the Secretary of Labor the authority to enter places of employment to conduct safety and health inspections. The OSH Act provides that such inspections must take place at reasonable times, within reasonable limits and in a reasonable manner and that they may include inspection of relevant conditions, structures and other equipment. For a general description of the inspection process, OSHA has published a Fact Sheet which is available
As of January 13, 2017, employers will be subject to higher fines for safety and health violations but not by much – 1.01636 percent to be precise. The increase matches the annual consumer price index by the federal government as of October 2016. The new maximum OSHA fines are:
There are lot of questions about how the Trump administration will affect OSHA in the next four years including who will lead the agency. The President has already implemented a federal hiring freeze although there are some exceptions built into the mandate. However, it is probably a safe bet to assume we probably will not see an increase in OSHA enforcement and most likely a shift from enforcement to compliance assistance as federal budgets will likely shrink.