OSHA spells out its ergonomic enforcement plan

Can an OSHA inspector use the discovery of a series of workplace musculoskeletal disorders at a company to issue fines under the General Duty’Clause (GDC)?

While it’s not quite that easy, OSHA is now officially on the record with what we told you in February (SCA, 2/25/10, p.l): It will use the GDC to issue citations and impose fines over ergonomics.

No standard, no problem for OSHA

 In a recent Web chat, OSHA administrator David Michaels wrote, “OSHA’s field staff will be looking for ergonomic hazards in their inspections, and we will be providing them with the support and back-up they need to enforce under the General Duty Clause.” OSHA doesn’t have an ergonomics standard. Congress repealed it in 2001. So is the definition of an ergonomic injury left up to the discretion of individual OSHA inspectors?
Acting OSHA Enforcement Director Tom Galassi says to document a GDC violation for ergonomics, the agency must demonstrate:

• industry recognition of the
  
• ergonomic problem, and
  
• feasible ways to abate the hazard.
  

OSHA has developed ergonomic guidelines for four industries: shipyards, poultry processing, retail grocery stores and nursing homes. What if your company isn’t in one of those industries? Doesn’t matter. The current OSHA administration expects employers to keep all workplaces free of ergonomic hazards.