By Craig Regelbrugge and Tim Bartl
Employers with any employees in manual handling jobs would be automatically required to set up the first two elements of an ergonomics program: management involvement and employee participation and hazard information and reporting. After that, a full ergonomics program would have to be set up in any job in which an employee experienced a covered musculoskeletal disorder.

For all other jobs a full ergonomics program would have to be set up once an employee in that job experienced a single covered MSD. Because MSD injuries are common, it is not difficult for an employer to experience a single MSD in a job, thus triggering a full OSHA ergonomics program. An ergonomics program is comprised of six elements:

1. Management involvement and employee participation. An employer must provide sufficient training and resources to supervisors to allow them to implement the ergonomics program and communicate it to employees. An employer must also provide its employees a way to report signs and symptoms of an MSD and employees must be involved in all aspects of the program.

2. Hazard information and analysis. The employer must train employees to recognize MSD signs and symptoms and must provide a way for employees to report signs and symptoms of MSDs, such as aching, tingling or burning, and receive prompt responses. The employer must evaluate all employee reports to determine whether a covered MSD has occurred. In essence, this section requires employees to report minor aches and pains to employers and requires employers to determine whether those aches and pains rise to the level of an OSHA-recordable injury. Unlike under the workers' compensation system, a medical diagnosis is not required before an employer must respond.

3. Job hazard analysis and control. The employer must analyze any job in which an MSD is reported to identify the risk factors leading to the injury. The employer must eliminate or reduce identified hazards that may cause the MSD. For example, this may require employees performing landscaping services to limit the number of hours they perform certain jobs, such as raking.

4. Training. Because employee involvement is central to OSHA's ergonomics program, an employer must sufficiently train all employees, managers, and people involved in setting up the ergonomics program so that they understand MSD hazards, signs, and symptoms and are able to participate in the program. They must also understand the steps for materially reducing the hazards. Further, employees responsible for implementing the program must be trained in proper evaluation procedures.

5. MSD management and income replacement. Employers must provide prompt and effective attention to an employee who reports a covered MSD. This may include putting the employee in a restricted work assignment or providing the employee with access to a health care professional who must provide a written opinion and recommended work restrictions, if any apply.

Employers must provide six months' paid leave for injured workers who are out of work at 90 percent of their after-tax earnings and 100 percent of their benefits, including seniority. Employees placed in alternative jobs for rehabilitation purposes would have to be paid 100 percent of after-tax earnings, even if the alternative job pays less, and 100 percent of benefits. Employers are allowed to offset this amount with any payments employees receive from workers' compensation, temporary disability plans or jobs taken to supplement income while they are out of work.

6. Program evaluation. The employer must evaluate the ergonomics program at least every three years to ensure that all elements are in place and that the program is reducing the number of MSD hazards. The employer must consult with employees to learn their opinion on program effectiveness and analyze trends in injury data to determine whether the program is effective.

A burden for employers

OSHA's ergonomics standard is a highly complex and costly proposal that requires employers to eliminate both actual injuries and employee discomforts on the job. Instead of regulating diagnosed injuries, employers must respond to "signs and symptoms" of a possible injury. This is a broad requirement, especially for small- and medium-sized employers.

Nursery and landscape employers need to be aware of safe work practices, to be sure. However, OSHA attempts to eliminate workplace injuries by placing the burden on employers to identify which aches and pains are addressable under its vague standard and then requires employers to use all means feasible to reduce or eliminate the hazards causing the pain. For some industries, such as the nursery and landscape industry, this is an extreme burden to bear.

Under extreme pressure from the business community and Congress, OSHA extended the comment deadline from Feb. 1 to March 2. ANLA submitted comments to OSHA in advance of the deadline, pointing out the flaws in the standard and encouraging the agency to narrow the scope of its application. ANLA members and participants in ANLA's grassroots action Lighthouse Program partnership with state and regional associations have received detailed information on how to respond to OSHA. To join ANLA or participate in the Lighthouse Program, contact ANLA at (202) 789-2900.

Craig Regelbrugge is American Nursery & Landscape Association senior director of government relations. Tim Bartl is Occupational Safety and Health Administration consultant for ANLA.

© 2000 Branch-Smith Publishing