BELLEVILLE, Wis. – The Occupational Safety and Health Administration (OSHA) issued its finalized ergonomics standard on Nov. 13, 2000, but business groups quickly challenged the controversial new rules in court. Barring Congressional action or a successful court challenge, the new standard will go into effect on Jan. 16, 2001.
As it now stands, covered employers will be required to distribute information on the standard to employees and start receiving and responding to reports of musculoskeletal injuries no later than Oct. 14, 2001. The standard requires employers to establish job-based ergonomics programs triggered when an employee experiences a work-related musculoskeletal injury or persistent signs or symptoms of injury in a job that includes one or more of a defined set of risk factors.
The standard also requires employers to provide employees removed from work due to ergonomic-related injuries with 90 percent of their pay and 100 percent of their benefits for 90 days or until they return to work or it is certified that they can never return to their former job.
While general farming is exempt from the standard, an OSHA spokesperson in Washington, D.C. told Gempler's ALERT that agricultural/horticultural employers who fall within certain other OSHA SIC codes are covered. Among those the standard appears to cover are: nurseries engaged in the wholesale distribution of flowers, nursery stock and florists' supplies; retail nurseries; landscape architects; operations involved in sod laying and turf installation (except artificial); Christmas tree farms; food processors; and cotton gins.
For more information on the standard visit www.osha-slc.gov/ergonomics-standard/informationkit/index.html.
This Gempler's ALERT News Update is being reproduced with permission from Gempler's ALERT, the newsletter of ag/hort safety and employment law compliance, web site: www.gemplersalert.com.
