After the U.S. Congress adjourned for 1999, the Occupational Safety and Health Administration (OSHA) published its proposed ergonomics regulation. Just a few days after Congress went home, OSHA moved on a new rule, important to small businesspersons, with a tight public comment period, Feb. 1, 2000. For some time the small business community has watched OSHA's review of ergonomics but did not anticipate the last-minute rulemaking process.

Ergonomics is the study of the efficiency of persons in their working environment. This particular proposed rule applies to the manner workers are at risk of developing musculoskeletal disorders. These cumulative trauma disorders occur either in the upper or lower extremities including the back. This issue has been highlighted in the media in recent years by carpal tunnel syndrome and back injuries.

The Small Business Legislative Council outlined a number of risk factors found in the workplace that may or may not cause or aggravate these disorders. The risk factors include repetitive motions, forceful exertions, vibrations, sustained or awkward positions, and mechanical compression of the hands, wrists, arms, back, neck, shoulders or legs over extended periods of time.

In addition, environmental conditions such as heat, cold or lighting may also be ergonomic stressors. The Washington Post, in its endorsement of the new proposal, supported temperature as an important variable in workplace disorders. The paper reports, "Numerous studies have shown that certain workplace conditions increase the likelihood workers will get these conditions: Reaching repeatedly above one's head, lifting too-heavy loads and working in cold temperatures all play a role."

OSHA claims that more than 34 percent of all "lost work-day" injuries and illnesses are a result of these disorders. These injuries impact more than 647,000 workers each year to the degree of lost time from work and cost employers an estimated $15 billion to $20 billion in direct workers compensation.

Total injury estimates run as high as 1.8 million per year according to the U.S. Department of Labor.

Who is covered? The standard does not apply to agricultural, construction or maritime workers. All other employers with manual handling or manufacturing production jobs must initiate a basic program for employees.

This program will include a management leadership and employee participation program that entails appointing someone to be responsible for ergonomics supplying resources and training, as well as making sure policies do not discourage reports of ergonomics problems. Hazard information and reporting programs will also have to be established. Information including risk factors, signs and symptoms of disorders, importance of reporting signs and symptoms and the requirements of the standard will have to be disseminated. Employers must also establish a system for reporting signs and symptoms.

If an employee reports a "recordable disorder," full program coverage is triggered. In addition to the basic program, the employer must institute a job hazard analysis and control program to analyze problem jobs or ergonomic risk factors. The employer must actively pursue the elimination or materially reduce the disorder hazards using engineering, administrative and work practice controls. The employer is also required to track progress and when jobs change, evaluate disorder hazards.

Under the full program coverage the employer must also provide training for employees. The training shall include recognition of disorder hazards, the ergonomics program at the site and control measures used to reduce hazards. Training must take place at least every three years and in a language that employees understand. Access to a health care professional at no cost to the employee must be provided to injured employees covered under the proposed regulation. During the employee's recovery period the employer must provide necessary work restrictions and work restriction protection along with 100 percent pay and benefits for employees on light duty and 90 percent pay and 100 percent benefits for those who must be removed from work.

Another option for employers is the "quick fix." This involves the prompt care for the injured employee, elimination of the hazard within 90 days, verification of the fix within 30 days and keeping records of the fix controls.

This issue of AutoInc. went to press before Congress returned Jan. 24, 2000. Members originally concerned about OSHA's ergonomics rulemaking process were most likely incensed that the process is proceeding at such a rapid pace. During the fiscal 1998 appropriations debate, Rep. Henry Bonilla, R-Texas, included language for a National Academy of Sciences study of the ergonomics issue. The study was not funded until the fiscal 1999 appropriations cycle. The study is not scheduled to be completed prior to the end of 2000.

The U.S. House of Representatives has passed H.R. 987, the Workplace Preservation Act, which requires the U.S. Department of Labor to wait on the National Academy of Sciences study before promulgating regulations. The Senate has not acted on the legislation as of yet. Christopher "Kit" Bond, R-Mo., chairman of the U.S. Senate Small Business Committee, has introduced similar legislation, S. 1070, in the Senate. This bill has 48 co-sponsors to date. The administration opposes both bills.

The Labor Department stresses the flexibility of the regulation and its reliance on best management practices. This could be an assumption from the most basic program coverage, but if the full program coverage is triggered (requires only the occurrence of one work-related disorder), then that flexibility and concept of best management practices is reduced dramatically for small businesses.

Primary small business concerns revolve around the proposal's trigger mechanism of one recordable injury, external factors such as employee lifestyle, the abuse of medical management provisions and certainly the regulatory burden for small businesses.

The Automotive Service Association (ASA) is surveying independent repair leaders to determine the impact of the rule on their businesses. At press time, ASA has plans to file formal comments with OSHA prior to Feb. 1, 2000. ASA is also working with the Small Business Legislative Council, a coalition for small business associations, in an effort to ensure that the final rule will treat small businesses fairly.

Bob Redding is the Automotive Service Association's Washington, D.C., representative. He is a member of several federal and state advisory committees involved in the automotive industry. For more information about the legislative activities of ASA, visit www.TakingTheHill.com.

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