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November/December 2000
REGULATORY NEWS
OSHA Issues Ergonomics Final Rule
On November 14, the Occupational Safety and Health Administration (OSHA) issued as a Final Rule, the ergonomics program standard at 65 Federal Register 68262. Release of this rule was preceded on October 27 by the OSHA Review Commission ruling on the ergonomics case, Secretary of Labor v. Beverly Enterprises, Inc., OSHRC, Nos. 91-3344, 92-0238, 92-0819, 92-1257, 93-0724, 10/27/00.
According to AHCA, the final ergonomics program standard is lengthier and as confusing and onerous as the proposed standard that was issued a year ago. Upon release of the ergonomics standard, the National Coalition on Ergonomics (NCE) immediately filed a petition in federal court seeking a review of the regulation. AHCA is a member of the NCE and is in the process of determining whether to join the NCE suit. AHCA is also in the process of analyzing the final rule and preparing a memo on compliance requirements.
The financially burdensome provision of worker restriction protection remains in the rule. Under the final regulation, worker restriction protection provides 90 days off from work at 90 percent compensation to workers found to have musculoskeletal disorders (MSDs). This is a change from the proposed standard, which provided six months of worker restriction protection.
The ergonomics program standard takes effect on January 16, 2001. The date for compliance with requirements relating to providing employees with information on MSDs and the ergonomics standard is October 15, 2001. AHCA is currently reviewing compliance dates for the other provisions.
The rule is available on OSHA's web site at www.osha.gov.
