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OSHA RELEASES PROPOSED ERGONOMICS RULE On November 22, the federal Occupational Safety and Health Administration unveiled its much-anticipated "ergonomics" rule, designed to protect workers at risk of injuries related to musculoskeletal stress-injuries associated with repetitive motion and lifting or moving heavy weights. Business interests had not expected to like the rule-and, when it appeared, did not. Employers' representatives argue that the extent of exposure is too indefinite to regulate under current technology and urged that any action prior to the release of the National Academy of Science's current study of ergonomics is premature. In addition, business finds the remedial measures OSHA calls for once the existence of an ergonomic hazard is identified vague and inconsistent. As the regulation now stands, it focuses most strongly on manufacturing and manual materials handling and entirely exempts agriculture, construction, and the maritime industries. Logging falls in the middle, neither exempted nor the target or primary focus. The regulation calls for a two-tiered compliance program, with the "high risk" industries called upon to implement a basic compliance program that meets certain standards. For all industries, except the three exempt sectors noted, a single reported musculoskeletal disorder among its employees would require the employer to implement a "full" ergonomics program. A particularly punitive requirement in the proposed standards provides that employers provide at least 90% pay to workers who need time off to recover from job-related musculoskeletal disorders and no reduction in rate of pay to workers assigned "light-duty" tasks while recovering, in effect superseding state Workers' Compensation systems. OSHA's own presentation of the proposed rule, including a "frequently asked questions" sequence, is available at http://www.osha-slc.gov/ergonomics-standard/index.html. A very cogent document prepared by the American Trucking Associations, outlining that organization's "Issues and Concerns" about the regulation, is available by clicking here. Return to Public Policy Archive Forest Resources Association
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