Industry Focus

Less than a year after Congress rejected the Occupational Safety and Health Administration's (OSHA's) proposed ergonomics rule, OSHA has unveiled a new plan to battle what it considers widespread ergonomics-related injuries in U.S. workplaces.

The plan, which the agency already has begun to put in place, will include industry- and task-specific guidelines designed to help employers decrease the risk of ergonomics-related injuries. OSHA hopes to have the guidelines ready for selected industries this year. In addition, OSHA plans to dedicate more resources to ergonomics research and outreach efforts for immigrant workers.

The plan

OSHA officials have not yet named the specific industries its initial guidelines will target, but a news release issued by the agency stated the construction industries will be targeted "where appropriate."

Although compliance with guidelines issued by OSHA is not mandatory under the Occupational Safety and Health Act's General Duty clause, OSHA still will issue citations to employers who fail to keep their workplaces free from recognized hazards, including ergonomics hazards. Providing a safe work environment is required under the General Duty clause.

OSHA will not focus enforcement efforts on employers who have implemented effective ergonomics programs and are making good-faith efforts to reduce ergonomics hazards.

To prosecute those who aren't making good-faith efforts, the agency will couple special ergonomics inspection efforts with a legal strategy developed by the U.S. Department of Labor (DOL). This will be the first time OSHA and DOL have partnered in this way to prosecute those who violate the Occupational Safety and Health Act's General Duty clause.

In addition to issuing guidelines, OSHA plans to form a national advisory committee that will encourage needed ergonomics research. The committee will work with the National Institute for Occupational Safety and Health.

And as part of the agency's outreach efforts, it will focus on educating immigrant workers in industries with high ergonomics-hazard rates about workplace safety.

Keep informed

Although Congress barred OSHA from issuing an ergonomics rule substantially similar to the previous one, it is evident the agency is intent on making certain reforms. Make sure you remain informed about the guidelines and ways to avoid being cited. If you have any questions, contact NRCA's Risk Management Section at (800) 323-9545.

Ambika Puniani is editor of Professional Roofing magazine and NRCA's director of communications.

To reach me, write 10255 W. Higgins Road, Suite 600, Rosemont, IL 60018-5607; telephone (847) 299-9070, Ext. 255; or e-mail apuniani@nrca.net.