NEW RECORDKEEPING RULES TO GO INTO EFFECT ON JANUARY 1, 2002
OSHA's new recordkeeping rules were issued on the last day of the Clinton administration. However , the Bush administration put a hold on those rules pending further review. On June 29, 2001, Secretary of Labor Elaine L. Chao announced that the new rules on recordkeeping would go into effect as originallly scheduled on January 1, 2002, with a few minor exceptions.

At the same time that OSHA announced that its new rules would go into effect, it also announced that the rules would be modified in two respects, at least temporarily. OSHA will seek comments on two proposed modifications to the recordkeeping rules. First, OSHA will propose that new criteria for recording work-related hearing loss not be implemented for one year pending further investigation into the appropriate level of hearing loss which should be recorded. Second, OSHA will propose to delay for one year the new rules' definition of "musculoskeletal disorder," or MSD, and a requirement that employers must check the MSD column on the new OSHA log. This delay is intended to allow OSHA to address the proper definition of MSD in future regulation of ergonomics.

New Rules, New Format
The rules will take effect on January 1, 2002. The rules, which will be codified at 29 CFR Part 1904, are far lengthier and more detailed than the existing recordkeeping rules. These rules are written in a question and answer format. They are designed to be self-contained; in other words, employers should no longer be required to research OSHA interpretive letters or review the Bureau of Labor Statisics (BLS) guidelines for recordkeeping. This is one reason why the new rules are so lengthy. Accompanying the rules are new forms employers will be required to use. These forms will replace the OSHA 200 Log and the OSHA Form 101.

The "Designated Felon" Provision
Although all aspects of the new rules will affect a company's recordkeeping procedures, the new rules' "designated felon" provision merits special focus. This provision requires a company executive to certify the accuracy of the annual summary of injuries and illnesses. The purpose of the provision is to encourage accurate recordkeeping by putting a high-ranking corporate official at personal risk of criminal prosecution if the summary is inaccurate. Regulated companies will need to revise their procedures to account for this provision and these companies should institute specific procedures to protect the certifying corporate official.

Specific Recordkeeping Issues Addressed
In many respects, the rules simply codify existing recordkeeping interpretations. Among other issues explicitly addressed by the new rules are:

• All needle sticks/sharps injury cases involving exposure to blood or other potentially infectious materials (as covered on the Bloodborne Pathogen Standard) are now recordable. A special category has been created for these incidents.
• Hearing loss cases are now recordable once there is a 10 decibel shift. (This change will not go into effect because OSHA is seeking further comments on the subject.)
• OSHA has designated a category of "privacy concern cases" for which employers are required to exclude the employee's name on the OSHA forms. Employers will be required to maintain a separate and confidential list of names of employees involved in such privacy concern cases.
• The annual summary of injuries and illnesses must be posted in the workplace for three (3) months (February, March, and April), as opposed to the current one (1) month requirement.
• The annual summary must be certified by a "company executive." A company executive is an owner of the company, an officer, the highest ranking company official at the establishment or that official's immediate supervisor. The company executive must certify that "he or she has examined the OSHA 300 Log and that he or she reasonably believes, based on his or her knowledge of the process by which information was recorded, that the annual summary is correct and complete."
• "Days away" and "days restricted or transferred" will be counted on a calendar basis rather than scheduled workdays. In other words, if an employee is injured and is unable to work, the "days away" count begins on the date following the injury, even if the employee was not scheduled to work on that date.
• Employers are only required to count days away or days restricted or transferred up to a maximum of 180 days.
• Recordable injuries and illnesses experienced by any employee (labor, executive, hourly, salary, part-time, seasonal or migrant) including non-payroll employees supervised on a day-to-day basis, must be recorded on the new OSHA 300 Log.
• The new rules contain a list of partially exempt industries not required to maintain injury and illness records unless requested to do so in writing by OSHA, the Bureau of Labor Statistics, or a state agency operating under the authority of OSHA.
• The new rules provide a list of treatments constituting "first aid" (and, therefore, not constituting "medical treatment") for purposes of recording. This list is exhaustive. Accordingly, an employer need only check this list to determine whether a certain procedure constitutes first aid or medical treatment
• OSHA states that an injury or illness occurring "while the employee is performing work for pay or compensation in the home, and the injury or illness is directly related to the performance of the work rather than to the general home environment or setting" is recordable.
• The new rules specifically exempt from recording requirements certain minor illnesses such as the common cold or flu.

OSHA Outreach
OSHA has promised significant outreach to the regulated community to provide training on these new rules. In addition, OSHA has stated its intent to provide a computer program to assist employers in the proper recording of injuries and illnesses. There is no word on when this program will be available.

Further Information
The new recordkeeping rules are available on the OSHA web site.

To receive an executive summary of the ergonomic standards, Contact Us to request a copy of this documentation from Ergonomic Specialties, Ltd. at no cost to you.

We are not done hearing about ergonomics. The Bureau of Labor Statistics, in its 1999 annual survey of occupational injuries and illnesses, reported that ergonomic injuries have decreased. This supports one argument against the old ergonomics standard: industry is improving ergonomic safety without the coercion of a federal standard. Nevertheless, the new Labor Secretary has acknowledged that ergonomics is a "real" problem requiring some level of (unspecified) action.

On the legislative front, Democratic Senator John Breaux has gained some influential Republican co-sponsors for his bill which would require OSHA to issue a new, modified ergonomics standard within two years. Republican Senators Arlen Spector and Ted Stevens are now co-sponsors of that measure.

ERGONOMIC STANDARDS

 ERGONOMIC STANDARDS TO PREVENT 300,000 INJURIES;
SAVE $9 BILLION A YEAR
An average of 300,000 workers can be spared from painful, potentially disabling, injuries, and $9 billion can be saved each year. Work-related musculoskeletal disorders such as back injuries and carpal tunnel syndrome are the most prevelant, most expensive and most preventable workplace injuries in the country. Real people are suffering real injuries that can disable their bodies and destroy their lives. The good news is that real solutions are available.

The OSHA ergonomics program standard issued on November 14, 2000 relies on a practical, flexible approach that reflects industry best practices and focuses on jobs where problems are severe and solutions well understood. It would require general industry employers to address ergonomics--the fit between the worker and work--for manual handling or manufacturing production jobs. Employers also would need to fix other jobs where employees experience work-related musculoskeletal disorders.
About one-third of general industry worksites -- 1.9 million sites-would be affected and more than 27 million workers would be protected by the standard. Implementing these measures would generate average savings of $9 billion annually in workers' compensation and other direct costs alone. Fewer than 30 percent of general industry employers have effective ergonomics programs in place today.
This standard includes some unique provisions to expand flexibility for employers because one size doesn't fit all. We've given employers a Quick Fix option and included a grandfather clause -- both designed to limit what employers need to do while effectively protecting workers. Three-quarters of general industry employers would not need to do anything until a documented, work-related injury actually occurs.

Each year 1.8 million U.S. workers experience work-related musculoskeletal disorders, such as injuries from overexertion or repetitive motion. About one-third of these injuries -- 600,000 -- are serious enough to require time off work. Work-related musculoskeletal disorders, or MSDs account for one-third of all workers' compensation costs each year because these injuries can require a lengthy recovery time.

Under the OSHA standards, about 1.6 million employers would need to implement a basic ergonomics program -- assigning someone to be responsible for ergonomics; providing information to employees on the risk of injuries, signs and symptoms to watch for and the importance of reporting problems early; and setting up a system for employees to report signs and symptoms. Full programs would be required only if one or more work-related MSDs actually occurred. The proposal also offers a "Quick Fix" alternative to setting up a full ergonomics program. Correct a hazard within 90 days, check to see that the fix works and no further action is necessary. In addition, a "grandfather" clause gives credit to firms that already have effective ergonomics programs in place and are working to correct hazards.
The OSHA standard identifies six elements for a full ergonomics program: management leadership and employee participation, hazard information and reporting, job hazard analysis and control, training, MSD management and program evaluation. OSHA intends that ergonomics programs be job-based, ie., cover just the specific job where the risk of developing an MSD exists and jobs like it that expose other workers to the same hazard. Ergonomics programs need not cover all the jobs at the work place.

The standard would require that workers who experience covered musculoskeletal disorders receive a prompt response, evaluation of their injury and follow-up by a health care professional, if necessary. Workers who need time off the job to recover from the injury could get 90 percent of pay and 100 percent of benefits -- to limit economic loss as a result of their injuries. Workers on light duty would receive full pay and benefits. This provision is designed to encourage early reporting to catch problems before they result in injuries. Strong evidence shows that employees are reluctant to report symptoms if doing so might cause them to miss work and reduce their paycheck.

To receive an executive summary of the ergonomic standards, Contact Us to request a copy of this documentation from Ergonomic Specialties, Ltd. at no cost to you.