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OSHA
has announced it's final rule on the much anticipated ergonomics regulation. The
dates of required implementation will be included in the notice published in the
Federal Register. The new regulation will impose broad requirements on
employers for educating employees on musculoskeletal disorders (MSD), reporting
of MSD's and conducting job hazard analysis and controls of MSD producing
activities within the
workplace. Four industries would be exempt from the regulation, at least for
now, including agriculture, construction, maritime and railroads. The overall impact of this
regulation and who exactly is covered under it will take a long time to sort
out. In the meantime OSHA is forging ahead with it's accelerated implementation.
Time is running out on the Clinton Administration and OSHA wants desperately to
leave this regulation as one of its administrative legacy's. Once enacted it
will be difficult to remove. Many lawsuits have been filed to try and
stop the implementation of this new rule including one by the American Trucking
Associations. Most reasonable observers believe the regulation is not well
founded scientifically and provides remedies which are too broad. The science of
musculoskeletal disorders is still in its infancy with much to be learned before
regulatory requirements are placed on the nations businesses. Many groups
which initially supported the concept of a musculoskeletal disorder regulations
have since abandoned support for the current final rule. SafeTrac
Solutions, Inc does not support the implementation of this rule for the
following reasons:
- The regulations are not based on scientific fact or certainty but on
bureaucratic assumptions and presumptions.
- The standards cannot and do not differentiate between musculoskeletal
disorders that may occur due to non-work related activities. Under the
standard musculoskeletal disorders caused by outside sports activities and
general life activities could and would be attributed to work.
- Implementation of burdensome and unfounded regulations do not improve
workplace safety but actually degrade it by focusing attention and resources
on safety issues that will have little to do with improving workplace
safety.
- The regulations impose employer paid disability payments despite existing
worker's compensation programs which already protect injured workers.
It is not the time to implement this standard. A clearer understanding of
musculoskeletal disorders needs to be obtained and a clearer goal needs to be
established before the federal government begins requiring employers to
undertake such a massive objective.
Moreover, this regulation is nothing more than a social engineering
regulation hidden under the guise of "safety" and is the first
step in a national health care system.
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