Ergonomics is the science of fitting the physical characteristics of a person to the work or other activity he or she is performing. OSHA has recently focused on this as a critical area for employers with new rules effective October 2001.

A Program Standard recently promulgated by OSHA (Occupational Safety and Health Administration) which becomes effective October 14, 2001 (less than eight months from now), requires employers to improve ergonomics in the workplace.  The Program Standard applies to most American workplaces, including hotels, restaurants and other service-oriented industries to reduce work-related disorders such as carpel tunnel syndrome, tendonitis and back injuries.

Employers delay compliance efforts at their peril! 

Compliance by October 14, 2001 requires preparation now to provide the required education, training and prevention through a multi-step program.  

Initially, all employers must provide basic information to employees about common musculo-skeletal disorders or MSDs, including symptoms, the importance (and methods) of promptly reporting MSDs, risky activities likely to cause MSDs, and a brief description of the OSHA ergonomic standard.  OSHA has developed information sheets covering these topics for employers to post in the workplace and distribute to employees.
 
If an employee reports symptoms of a work-related MSD, requiring the employee to miss work, seek medical treatment, restrict work activities, or if the symptoms last for more than seven days, the employer must then look for "Action Triggers" to determine if the affected employee's job routinely exposes him or her to ergonomic risk factors such as repetition, force, awkward postures, contact stress, and vibration.  

Where an Action Trigger is present, the employer must provide MSD management to the injured employee.  MSD management may include providing the employee with temporary work restrictions (i.e. limiting work activities or an alternative work assignment), while maintaining the employee's full salary and benefits.  If the job causing the injury is a hazard to all employees performing that job, the employer must probably develop an extensive (and fairly costly) ergonomics program.  Under that program, management employees must lead employee participation in training to avoid MSDs, redesigning the way the injury-causing job is performed to minimize risk of MSDs,  and evaluating the success of the ergonomics program.

JMBM has assembled a team of lawyers to help its hospitality clients create an ergonomics program before the October 2001 deadline, now just eight months away.  This team has developed training and education programs that it will specifically tailor to your business needs.  These programs include on-site training in ergonomics by JMBM attorneys experienced with workplace safety concerns, creation of new ergonomics policies to be included in employee handbooks and job manuals, and the development of an evaluation procedure to use if a work-related MSD occurs.

For further information, please contact R. Scott Brink at 310-785-5365 or [email protected].

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