Employers face costly workplace ergonomics laws.

Repetitive motion injuries get attention from state, feds

Despite objections from employers, costly workplace ergonomics regulations now appear almost inevitable - if not at the state level, then at the federal level.

The state's controversial proposed ergonomics regulation, which would require every employer in the state to identify ergonomic hazards in the workplace and treat workers with repetitive motion injuries, may be superseded by an even stricter proposed federal regulation, state officials have warned.

"I know there have been a lot of comments on our regulation, and we are looking at them. But just wait until you see the federal proposal. It is much stricter and requires employers to do more," John Howard, chief of the California Division of Occupational Safety and Health, told a group of Orange County employers last month.

The proposed state regulation, mandated by a provision in last year's workers' compensation reform package, is now being revised after nearly three months of receiving comments. A final standard is required by Nov. 26.

An initial draft detailing some of the provisions of the federal ergonomics rule was released July 1. A final proposed rule will be issued by year-end, with a lengthy public review process to follow. A final standard will not emerge until late next year, at the earliest.

While the two regulations are similar in many respects, they differ greatly on what actions employers would be required to take to fix workplace problems - such as chairs and computer keyboards - that could lead to repetitive stress injuries.

The state would only require employers to make workplace changes that are economically feasible. The remedy must be technologically feasible and not cause "undue financial hardship," Howard said.

But the initial draft of the federal regulation requires all potential ergonomic problems be fixed. Some problems, the draft states, may need only minimal action and can be fixed within 60 days; others will need analysis before fixing.

The federal regulation also would require employers "to consider ergonomics in the design of new processes or purchase of equipment or materials."

Both regulations will require employers to review employee medical records, identify potential workplace causes of repetitive stress injuries and provide treatment to workers with such injuries.

Repetitive stress injuries, also known as cumulative trauma disorders, are the fastest-growing area of workplace injuries, according to federal statistics, with the number of reported cases increasing by as much as 40 percent a year. In California, 15 percent of all workers' comp claims are considered repetitive stress injuries, costing California employers about $2 billion a year.

Fine is a staff reporter with the Orange County Business Journal