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OSHA Releases Strong Ergonomic Program Notification
 

Dear Clients:

On April 5^th OSHA issued the strongest notification I have ever seen in my 34 years of experience concerning the protection of workers against any work related illnesses or injuries; in this case ergonomics.   In its news release, the agency announced that its plan is a Comprehensive Plan To Reduce Ergonomic Injuries, Targeted Guidelines and Tough Enforcement.

The previously disseminated standard, rescinded by the Congress in 2001, discussed little concerning the penalties for those who do not proactively protect their workforce against ergonomic related disorders.  In this news release however, it is evident that significant enforcement activities will be invoked.  The release indicates that the Department's ergonomics enforcement plan will crack down on bad actors by coordinating inspections with a legal strategy designed for successful prosecution.  In fact, they quoted two particular cases where successful prosecutions under the General Duty Clause have taken place.  Also, they state that for the first time, inspections will be coordinated with a legal strategy developed by Department of Labor (DOL) attorneys that is based on prior successful ergonomics cases and is designed to maximize successful prosecutions.  And, OSHA will have special ergonomics inspection teams that will, from the earliest stages, work closely with DOL attorneys and experts to successfully bring prosecutions under the General Duty clause.  

The plan is designed to dramatically reduce ergonomic injuries through a combination of industry-targeted guidelines, tough enforcement measures, workplace outreach, advanced research, and dedicated efforts to protect Hispanic and other immigrant workers.

"Our goal is to help workers by reducing ergonomic injuries in the

shortest possible time frame," said Labor Secretary Elaine L. Chao”.

Occupational Safety and Health Administrator John Henshaw said his agency will immediately begin work on developing industry and task-specific guidelines to reduce and prevent ergonomic injuries that occur in the workplace. OSHA expects to begin releasing guidelines ready for application in selected industries this year. OSHA will also encourage other businesses and industries to immediately develop additional guidelines of their own.

The promulgation of standards comes as no surprise to my staff and I.  Though Congress may rescind a standard they cannot change the fact that ergonomic disorders occur.

Just as we offered a comprehensive approach to protecting workers against ergonomic disorders and compliance with regulatory guidelines at the time the old standard was released, we stand ready to provide assistance now.

Dr. Ronald J Lott
President & Principal Consultant