Adopted by OSHSB on November 14, 1996
Pending Approval from the Office of Administrative Law, add new Section
5110, Ergonomics to read:
Group 15. Occupational Noise and Ergonomics.
* * *
Article 106. Ergonomics.
Section 5110. Repetitive Motion Injuries.
(a) This section shall apply to a job, process, or operation of identical
work activity at the workplace where repetitive motion injuries (RMIs)
occur after [OAL to fill in effective date]. For purposes of this section,
RMIs are injuries resulting from a repetitive job, process, or operation of
identical work activity at the workplace which have been the predominant
cause of a diagnosed, objectively identified, musculoskeletal injury to
more than one employee within the last 12 months. The diagnosis of a RMI
shall be performed by a licensed physican. For definitional purposes,
predominant means 50% or more of the injury was caused by a repetitive job,
process or operation of identical work activity.
Exemption: Employers with 9 or fewer employees.
(b) Every employer subject to this section shall establish and implement a
program designed to minimize RMIs. The program shall include a worksite
evaluation, control of exposures which have caused RMIs and training of
employees.
(1) Worksite evaluation. Each job, process, or operation of identical work
activity covered by this section or a representative number of such jobs,
processes, or operations of identical work activities shall be evaluated
for exposures which have caused RMIs.
(2) Control of exposures which have caused RMIs. Any exposures that
caused RMIs shall, in a timely manner, be corrected or if not capable of
being corrected have the exposures minimized to the extent feasible. The
employer shall consider engineering controls, such as work station
redesign, adjustable fixtures or tool redesign, and administrative
controls, such as job rotation, work pacing or work breaks.
(3) Training. Employees shall be provided training that includes an
explanation of:
(A) The employer's program;
(B) The exposures which have been associated with RMIs;
(C) The symptoms and consequences of injuries caused by repetitive
motion;
(D) The importance of reporting symptoms and injuries to the employer;
and
(E) Methods used by the employer to minimize RMIs.
(c) Measures implemented by an employer in an effort to minimize RMIs
shall satisfy the employer's obligations under this section, unless it is
shown that a measure known to but not taken by the employer is
substantially certain to cause a greater reduction in such injuries and
that this alternative measure would not impose additional unreasonable
costs.
Note: Authority cited: Sections 142.3 and 6357, Labor Code. Reference:
Sections 142.3 and 6357, Labor Code.
Source: California Department of Industrial Relations (http://www.dir.ca.gov)