Publications
It Can Get Expensive
Once a problem job has been identified, OSHA offers basically two alternatives: what it calls a "Quick Fix"; or the development of a complete Ergonomics Program.
An employer can use the Quick Fix option if there has been no more than one prior MSD incident in a particular job, and if there has been no more than two MSD incidents in the place of employment, in the preceding 18 months. The Quick Fix option is, however, a serious misnomer. It requires substantial employer involvement - the company must provide the employee with access to a healthcare professional, it must impose all necessary work restrictions and time off that the employee may need to recover, it must evaluate and follow-up, and lots more. The company is also required to monitor other employees performing the same functions and attempt to develop ways to reduce hazards to acceptable levels, which may require training and other remedial measures. All of these efforts must be documented and records maintained for three years. OSHA has published potential solutions, some of which are as simple as allowing for rest time, re-arranging work stations or replacing telephone receivers with headsets.
If the employer is not eligible for the Quick Fix option or it does not work, OSHA requires that the employer implement a comprehensive Ergonomics Program. Unless the employer has an ergonomics expert on staff, this could get expensive and complex. In addition to the elements of the Quick Fix program, the comprehensive Ergonomics Program requires specified and demonstrative "management leadership" (a defined term in the Standard), employee participation mechanisms, job hazard analysis of similar job categories using a trained ergonomist, and much, much more. The upshot of all of this must be the application of feasible engineering, work practice or administrative controls, or any combination of such measures, to reduce MSD hazards on the job. There are many additional training, record keeping and other complicated and interrelated requirements that are a part of the process.
Counsel Consulting Group LLC helps companies throughout the United States avoid employment and HR-related claims and liabilities. CCG assesses existing policies, procedures and problem areas; it provides customized liability-avoidance training to managers and executives; and it designs and implements business techniques that reduce employment liability risks on a long term basis. CCG also offers specialized workshops for managers and HR executives, customized consulting in focused employment-related areas, and CD-ROM and web-based training alternatives. For more information, contact us at info@powelltrachtman.com and visit our website at www.counselconsulting.com.
Powell, Trachtman, Logan, Carrle & Lombardo, P.C. is a full service law firm with offices in suburban Philadelphia, PA, Harrisburg, PA and Cherry Hill, NJ. Powell Trachtman represents a variety of commercial enterprises, entrepreneurs and business executives in respect to their litigation, litigation avoidance planning, business formation, business transactions, estate and tax planning, and other needs. We are also approved defense counsel for numerous insurance carriers in matters pertaining to professional malpractice, products liability, employment practices, directors and officers liability, and many other fields. For more information, contact us at info@powelltrachtman.com and visit our website at www.powelltrachtman.com.








