Ergonomic Protection Standard (a) Table of contents. This paragraph contains the list of paragraphs and appendices in this section. (a) Table of contents. (b) Introduction. (c) Purpose. (d) Scope and application. (e) Identification of problem jobs. (f) Control of workplace risk factor exposures. (g) Ergonomic design and controls for new or changed jobs. (h) Training. (i) Medical management. (j) Recordkeeping. (k) Dates. (l) Definitions. (m) Appendices. Appendix A - Getting Started Appendix B - Control of Workplace Risk Factor Exposures Appendix C - Medical Management Guidelines Appendix D - Training (b) Introduction. (1) A flow chart of the requirements of this section is included in Figure 1. A more detailed decision logic is included in Appendix A. (2) Readers are encouraged to refer to Appendix A, "Getting Started," as they read the requirements of this section. (3) Definitions of terms used in this section are found in paragraph(l). Of particular importance to understanding the scope and meaning of this section are the definitions for "work-related musculoskeletal disorders", "workplace risk factors", "signal risk factors", "problem job", and "controlled job". (c) Purpose. The purposes of this section are to: (1) Prevent the occurrence of work-related musculoskeletal disorders,such as tendinitis, low back pain, and carpal tunnel syndrome, by controlling employee exposure to the workplace risk factors that can cause or aggravate them; (2) Reduce the severity of work-related musculoskeletal disorders through early medical management; (3) Ensure that affected employees are informed about work-related musculoskeletal disorders and the workplace risk factors that can cause or aggravate them; (4) Promote continuous improvement in the technology to control exposure to workplace risk factors; and (5) Ensure management leadership and employee involvement in controlling exposure to workplace risk factors. (flow chart) (d) Scope and application. (1) Scope. This section applies to each employer with a workplace where: (i) An employee has daily exposure during the workshift to any of the following signal risk factors: (A) Performance of the same motion or motion pattern every few seconds for more than a total of (2, 3 or 4) hours; (B) A fixed or awkward work posture (e.g., overhead work, twisted or bent back, bent wrist, kneeling, stooping, squatting) for more than a total of (2, 3 or 4) hours; (C) Use of vibrating or impact tools or equipment for more than a total of (2, 3 or 4) hours; (D) Using forceful hand exertions for more than a total of (2, 3 or 4) hours; (E) Unassisted frequent or forceful manual handling (for more than a total of 1 or 2 hours); or (ii) One (or two or more) employees with *work-related musculoskeletal disorders (in the same or similar jobs) recorded (OSHA log or accepted workers compensation claim) after [insert effective date of this section]. *For purposes of this standard, the term "work-related musculoskeletal disorder" refers collectively to any of the following when they are caused or aggravated by exposure to workplace risk factors: signs, or persistent symptoms (at least 7 days or interfering with work), or clinically-diagnosed work-related musculoskeletal disorders. Ultimately, the employer determines work-relatedness. See the full definition at the end of the text. Key Issues OSHA would like information on whether these signal risk factors are appropriate and effective indicators of potential problem jobs, and what the duration of exposure should be for each of them. OSHA would like information on effective alternative signal risk factors. Assistance in describing the "force" and "manual handling" signal risk factors simply and appropriately is of special interest. The Agency would also like information on the number (e.g., one, two, or more) of recorded work-related musculoskeletal disorder cases to use to trigger coverage by the standard, as well as on the usefulness of retrospective records reviews in identifying potential problems (and if so, what records should be reviewed over what period of time?). (2) Application. (i) Application of the requirements of this section is based on the extent to which workplace risk factors or work-related musculoskeletal disorders are present in the workplace. (ii) Multi-employer workplaces. (A) Each employee at a multi-employer workplace shall be provided protection meeting the requirements of this section. (B) The host employer and the employment service or subcontractor shall share the responsibility for providing each employee with protection meeting the requirements of this section. The host employer and the employment service or subcontractor shall make arrangements to share responsibility prior to initial assignment of each employee in the host employer's workplace. (iii) Exception. Where the employer has initiated a workplace-wide ergonomic job improvement process prior to [insert date 1 year before publication date] to identify and control employee exposure to workplace risk factors, the employer need not complete the initial workplace risk factor checklist required by paragraph (e)(2) and the job improvement process required by paragraph (f)(4), provided that the employer: (A) Involves employees in the process; (B) Can demonstrate, if requested, that problem jobs have been identified in the workplace; plans for implementation of controls for the problem jobs have been developed and initiated; and work-related musculoskeletal disorder incidence rates and/or severity rates have decreased in the workplace since the employer initiated the ergonomic job improvement process; (C) "Controls" each "problem job," as defined in paragraph (l), no later than [insert date 4 years after the effective date]; (D) Complies with the other requirements of this section as they come due; and (E) Upon request for examination and copying, makes available a copy of the documentation of its ergonomic job improvement process, including the results specified in paragraph (d)(iii)(B), to the Assistant Secretary, each affected employee, and employee designated representatives. (e) Identification of problem jobs. This paragraph describes the information and methods for identifying workplace risk factors that can cause or aggravate work-related musculoskeletal disorders. The first step involves providing employees with information so workplace risk factors and problem jobs can be accurately identified. The second step involves identifying the specific workplace risk factors that are present to determine whether the job is a problem job. A problem job is one which results in a score of more than 5 on the OSHA workplace risk factor checklist. Key Issue: OSHA would like information on alternative ways to assess the effectiveness of an existing ergonomics program. (1) Employee information. (i) The employer shall provide each employee in a job with exposure to a signal risk factor, and each employee in a job where a work-related musculoskeletal disorder is recorded after [insert effective date of this section], with the following information: (A) Workplace risk factors associated with work-related musculoskeletal disorders and ways to reduce exposure to those risk factors; (B) The signs and symptoms of work-related musculoskeletal disorders; and (C) The person to whom the employee is to report workplace risk factors and work-related musculoskeletal disorders, and the employer's assurance that early reporting is encouraged. (ii) The employer shall not implement any policy or practice which discourages reporting or which results in discrimination or reprisal against any employee who makes a report. (iii) The fact sheet entitled "Information for Employees about Workplace Risk Factors and Work-related Musculoskeletal Disorders" contained in Appendix A may be used to satisfy the information requirements of this paragraph. (2) Workplace risk factor checklist. (i) The employer shall complete a workplace risk factor checklist for: (A) Each employee in a job where there is exposure to a signal risk factor; and (B) Each employee who reports a recordable work-related musculoskeletal disorder after [insert effective date of this section]. The employer shall also provide medical management in accordance with paragraph (i) for employees with work-related musculoskeletal disorders. (ii) The employer shall use the OSHA workplace risk factor checklist in Appendix A to identify problem jobs. The employer may use an alternative checklist or more-detailed evaluation (e.g., insurance company or consultant reports) that indicate whether the job is a problem job, provided that the employer can demonstrate that the alternative is at least as effective as the OSHA checklist (i.e., the determination of a problem job is equivalent to a score of more than 5 on the OSHA checklist). (The OSHA workplace risk factor checklist, the alternative checklist and more-detailed evaluation are collectively referred to as "workplace risk factor checklist" in this section). (iii) Where there are more than 5 employees performing the same job, the employer may use a representative sampling strategy in completing the workplace risk factor checklists. Where a representative sampling strategy is used, it shall meet the requirements specified in Appendix A. (iv) When completing the workplace risk factor checklist, the employer shall obtain input from affected employees regarding the tasks performed and the time spent doing the tasks involved. (v) If the checklist completed for an employee(s) with a recorded work-related musculoskeletal disorder indicates the job is a problem job, the employer shall also complete workplace risk factor checklists for employees working in the same job. Representative sampling meeting the requirements of Appendix A may be used. (vi) If the workplace risk factor checklist score indicates a job is not a problem job, the employer has completed the identification process, and need not take action to control the job. If the workplace risk factor checklist score indicates a job is a problem job, the employer shall control the job in accordance with the requirements of this section. (vii) Appendix A provides further guidance about completing workplace risk factor checklists. (3) Start-up date. (i) Employers with 10 or more employees shall provide information to each employee no later than [insert date 6 months after effective date]. Employers with fewer than 10 employees shall provide information to each employee no later than [insert date 1 year after effective date]. (ii) Employers with 10 or more employees shall complete the workplace risk factor checklists for employees in jobs with exposure to a signal risk factor no later than [insert date 1 year after effective date]. Employers with fewer than 10 employees shall complete the workplace risk factor checklists for employees in jobs with exposure to a signal risk factor no later than [insert date 2 years after effective date]. Key Issue: OSHA would like information on checklists on other effective alternatives for identifying high risk jobs. What methods can be used to detemine that other checklists or alternative evaluation tools are "equally effective"? (f) Control of workplace risk factor exposures. This paragraph describes requirements for determining and implementing an appropriate strategy to control problem jobs by reducing or preventing employee exposure to workplace risk factors. (1) Control measures. (i) The employer shall control each problem job, and shall ensure such control is maintained, by implementing engineering controls or administrative controls which the employerdemonstrates are effective in controlling the job. (ii) Where the employer has developed and implemented controls for a problem job in one workplace that the employer's employees perform at multiple workplaces (e.g., construction, utilities), the employer shall ensure that applicable controls are implemented immediately at all other current and future workplaces where the problem job is performed. (iii) The employer's obligation to implement controls in a job is completed where the employer demonstrates that the OSHA workplace risk factor checklist score is 5 or less for that job, or the results of the alternate checklist or more-detailed evaluation are equivalent to a score of 5 or less on the OSHA checklist (referred to as "control the job" or "controlled job"). (iv) Wherever controls are required and are not sufficient to control the problem job, the employer shall implement controls to reduce employee exposure to the lowest feasible level. (v) Where the employer demonstrates that employee exposures to workplace risk factors have been quantitatively reduced to the lowest feasible level, but the workplace risk factor checklist score is still above 5, the job remains a problem job, and the employer shall take the following action: (A) The employer shall continue to monitor developments in control technology, and implement new feasible measures as they become available to control the job (i.e., continuous improvement process). (B) The employer shall provide annual training, in accordance with paragraph (h), for each employee in a problem job and the employee's supervisor for as long as it remains a problem job. (vi) Personal protective equipment, as defined in paragraph (l), shall be used to supplement engineering or administrative controls when such controls do not reduce the checklist score to 5 or below, but shall not be used as a substitute for them. (vii) On any farm or in any agricultural establishment where workers are employed on any given day in hand-labor operations, the use of any knife, hoe, rake, fork or other tool with a handle less than 4 feet in length is prohibited for weeding, thinning, hot-capping, or other similar cultivation practices in a stooped position. (viii) The employer shall ensure that each employee routinely required to manually handle heavy packages (more than 25 pounds, 11.34 kilograms) is able to determine the relative weight of each heavy package prior to lifting or carrying. The employer shall also ensure that appropriate precautions are taken in handling these heavy packages. NOTE: There are many ways in which an employer can ensure that employees are able to determine the relative weight of heavy packages. For example, heavy packages can be marked with the actual or approximate weight, or their contents can be identified in sufficient detail to allow the employee to approximate the weight. (2) Alternate approaches for controlling workplace risk factor exposures. For each employee in a problem job, the employer shall use either of the following approaches to control the job: (i) "Quick fix" the job; or (ii) Develop and implement a job improvement process. (3) "Quick fix". (i) The employer does not need to develop and implement a job improvement process for a problem job where: (A) The cause of the workplace risk factors can be readily identified; and (B) The employer can implement permanent control measures which control the job: (1) Within 60 days of the completion of the initial workplace risk factor checklist for employers with 10 or more employees, or (2) Within 120 days of the completion of the initial workplace risk factor checklist for employers with fewer than 10 employees. (ii) Within 60 days after control measures are implemented, the employer shall repeat the workplace risk factor checklist in order to ensure that the job is controlled. (iii) The follow-up workplace risk factor checklist shall include input from affected employees on the effectiveness of controls. (4) Job improvement process. (i) The employer shall develop and implement a job improvement process to control each problem job where the employer cannot control the job within the allotted time using the "quick fix" approach. (ii) The employer shall use the job improvement process contained in Appendix B, or an alternative process which the employer demonstrates is at least as effective. Appendix B provides examples for analyzing jobs, the NIOSH Lifting Equation for analysis of manual handling tasks, summaries of job findings, and plans for controls. (iii) The employer shall document the job improvement process in writing. (iv) The employer shall ensure that the job improvement process is performed by an individual or team knowledgeable in identification of workplace risk factors, job analysis methods, and implementation and evaluation of control measures. (v) The employer shall include at least the following actions in the job improvement process: (A) A job analysis of each problem job, including at least the following: (1) A description of the job, including all job tasks performed by employees. (2) Identification and description of each workplace risk factor (e.g., force, awkward posture, repetition, vibration, lifting requirements) present in the job, and the tasks, actions, or workplace conditions which cause each workplace risk factor to be present; (3) An analysis of manual handling tasks. For those jobs which require frequent or forceful manual handling, the employer shall use the criteria for the design and evaluation of manual handling tasks in the most recent National Institute for Occupational Safety and Health (NIOSH) Lifting Equation, or an alternative evaluation method which the employer demonstrates is at least as effective as the NIOSH lifting equation. The employer may use the results of the manual handling evaluation in the OSHA workplace risk factor checklist to satisfy this requirement; and (4) Employee input on any problems that they are or have been experiencing performing the job, possible causes of the problems, and ideas for improving the job and correcting the problems. The employer shall provide affected employees and their designated representatives with an opportunity to observe actions taken by the employer in the job analysis process. (B) Selection, implementation, and evaluation of control measures for each problem job, including at least the following: (1) Identification and evaluation of possible controls to reduce or prevent employee exposure to workplace risk factors; (2) Selection and implementation of interim controls to reduce employee exposure to workplace risk factors while the employer develops and implements permanent controls; (3) Selection and implementation of permanent controls, including a schedule for design and installation. The employer shall first address problem jobs where work-related musculoskeletal disorders have occurred; (4) Evaluation of the effectiveness of the permanent controls to ensure workplace risk factor exposures have been reduced and no new workplace risk factors have been introduced. The evaluation shall be completed within 60 days of implementation of controls; and (5) Obtaining and using input from affected employees in the identification, implementation and evaluation of control measures. (vi) The employer shall update the job improvement process and, where necessary, promptly take action consistent with the update and with this section in the following situations. The update may be limited to addressing the specific task, action, or workplace condition that is new or changed. (A) The employer acquires information (e.g., consultant reports; scientific literature) indicating that the most recent job analysis may be deficient; (B) A job that was previously analyzed and controlled has been changed in such a way that a signal risk factor is introduced, and the workplace risk factor checklist completed after implementation of the change indicates the job is now a problem job; or (C) New work-related musculoskeletal disorders are identified in employees working in a job that was previously analyzed and controlled. (vii) Start-up date. The job improvement process, including the job analysis and control implementation plan, shall be completed no later than the following: (A) One third of the problem jobs shall be controlled by [insert date 2 years after effective date] for employers with 10 or more employees, and [insert date 3 years after effective date] for employers with fewer than 10 employees; (B) Two thirds of the problem jobs shall be controlled by [insert date 3 years after effective date] for employers with 10 or more employees, and [insert date 4 years after effective date] for employers with fewer than 10 employees; and (C) All problem jobs shall be controlled by [insert date 4 years after effective date] for employers with 10 or more employees, and [insert date 5 years after effective date] for employers with fewer than 10 employees. (g) Ergonomic design and controls for new or changed jobs. This paragraph describes how to prevent or control problem jobs when changes are made in the workplace in the future. This includes elimination of workplace risk factors in the design of jobs, and the employer's responsibilities when job changes introduce signal risk factors. Key Issue: OSHA would like information and data on effective alternatives to the OSHA checklist to determine when the employer is "done" fixing the job (i.e., in compliance) (1) The employer should use designers, suppliers and manufacturers that provide assistance in identifying and applying ergonomic design principles to prevent new problem jobs from being created. (2) Each time a signal risk factor is introduced into a job in the workplace as a result of implementation of a new job or a change to an existing job, the employer shall complete a workplace risk factor checklist within 60 days after implementation. If the checklist indicates it is a problem job, the employer shall immediately take action consistent with this section to control the job. (i) Employers with 10 or more employees shall control the job within 60 days after completion of the checklist. (ii) Employers with fewer than 10 employees shall control the job within 120 days after completion of the checklist. (3) If a new job or change to an existing job also results in a recorded work-related musculoskeletal disorder within a year of implementation, the employer with 10 or more employees shall ensure that relevant in-house staff, and designers, suppliers, and manufacturers receive feedback regarding workplace risk factors within 60 days of completion of the workplace risk factor checklist so the problem can be corrected. (4) Start-up date. The ergonomic design and control of new or changed jobs becomes effective starting [insert date 4 years after effective date] for employers with 10 or more employees, and [insert date 5 years after effective date] for employers with fewer than 10 employees. (h) Training. This paragraph describes employee training requirements. Employee training enables employees to actively participate in and contribute to control of exposure to workplace risk factors. Key Issue: OSHA would like information on alternative ways to prevent problem jobs from being introduced into the workplace. (1) Employees involved in job analysis. The employer shall provide each employee involved in conducting job analysis with training in identification of workplace risk factors, job analysis methods, and implementation and evaluation of control measures. The trained employee shall demonstrate knowledge of these factors prior to being involved in the job analysis. Where an ergonomics team is used for this process, team members should also be trained in problem solving methods and in the skills needed to apply the team approach. (2) Employees in problem jobs and their supervisors. (i) The employer shall provide ergonomic awareness and job-specific training for each employee in a problem job and for that employee's supervisor. At a minimum, each employee and supervisor shall be trained to: (A) Recognize workplace risk factors and the methods for controlling them; (B) Identify the signs and symptoms and the health effects of exposure to workplace risk factors, the importance of early reporting, and the employer's medical management procedures; (C) Know the procedures for reporting workplace risk factors and work-related musculoskeletal disorders, including the designated person(s) for receiving reports; (D) Know the process the employer is undertaking to address and control workplace risk factors, each employee's role in the process, and how to actively participate in the process; (E) Know how to obtain a copy of this section and its appendices from the employer. (The employer shall maintain a copy of this section and its appendices and shall provide a copy to any employee within 5 days of a request); and (F) Practice and demonstrate proper use of implemented control measures and safe work methods which pertain to the job. (ii) The employer shall ensure that the person(s) conducting training are knowledgeable in the subject matter covered in the training as it relates to the workplace that the training will address. (iii) The employer shall ensure that training and training materials are provided in a manner that the employee is able to understand. This includes appropriate content, and consideration of employees' educational levels, literacy, and language skills. (iv) The employer shall provide employees with the opportunity to ask questions and receive answers during the training. (v) The employer shall evaluate the effectiveness of the training program initially and each time the program is substantively changed. If it is not effective the employer shall modify and repeat the training if necessary. The employer shall not use the evaluation results to discriminate or take reprisal against any employee. (3) Cost and frequency of training. The employer shall provide training to each employee in a problem job and each supervisor of an employee in a problem job during work hours at no cost tothe employee. Training shall be provided to each employee and supervisor as follows: (i) By the start-up date for training; (ii) Prior to initial assignment or transfer to a problem job; and (iii) At least annually thereafter for as long as the job is a problem job. (4) Portability of training. (i) Each current employee in a problem job who has received training in the particular elements specified in this paragraph within one year of the start-up date of this paragraph need not be retrained. (ii) Each new employee who has received training in the particular elements specified in this paragraph within the past year need not be retrained prior to initial assignment to a problem job in the workplace. (iii) The employer shall train each current and new employee in those elements specified in this paragraph for which the employee has not received training within the required time. (iv) The employer is responsible for ensuring that each employee can properly and safely perform the job tasks and use the control measures. (5) Appendix D provides further guidance on training, including content, methods, and evaluation of training. (6) Start-up date. (i) Training shall be implemented no later than [insert date 1 1/2 years after the effective date] for employers with 10 or more employees, and [insert date 2 1/2 years after effective date] for employers with fewer than 10 employees. (ii) Job-specific training that is directly related to interim or permanent controls shall be provided as soon as the controls are implemented. (i) Medical management. This paragraph describes requirements for assessment and musculoskeletal disorder management plans for employees with work-related musculoskeletal disorders. Early assessment and treatment of work-related musculoskeletal disorders reduce their severity and prevent progression of the disorder. (1) Contact person. The employer shall establish a contact person(s) who is familiar with the jobs and workplace risk factors to communicate with the health care provider. Where available, the contact person should be the on-site health care provider. (i) The employer shall ensure that the contact person communicates with the health care provider about the affected employee's musculoskeletal disorder management plan. (ii) The employer shall ensure that the contact person has the authority to coordinate the appropriate placement of the affected employee in the workplace during the recovery period in accordance with the musculoskeletal disorder management plan prepared by the health care provider. (2) Access to health care provider. The employer shall make prompt assessment by a health care provider available at no cost to each employee who reports a musculoskeletal disorder that is work-related. (i) Where the employer selects the health care provider, the employer shall select health care providers who are knowledgeable in the assessment and treatment of work-related musculoskeletal disorders. (ii) The employer shall provide health care providers with the opportunity to conduct periodic walkthroughs of the workplace in order to become familiar with the employer's jobs and the workplace risk factors present. (3) Assessment. (i) The employer shall ensure that assessment is made available to the employee promptly but no later than 5 work days after the signs or persistent symptoms are reported. (ii) The assessment shall include at least a relevant occupational and health history, and a physical examination and tests appropriate to the reported signs or symptoms. The physical examination shall include at least inspection, palpation and range of motion. (iii) The employer shall ensure that the health care provider has at least the following information by the time of the assessment: (A) The workplace risk factor checklist for the employee's job, or other materials that describe the job and the workplace risk factors; (B) The name and telephone number of the contact person for the workplace; and (C) A copy of this paragraph and Appendix C of this section. Key Issue: OSHA would like information on effective means to achieve early reporting of work-related musculoskeletal disorders. (4) Musculoskeletal disorder management plan. (i) The employer shall obtain from the health care provider a copy of the musculoskeletal disorder management plan promptly but not later than 3 work days after each assessment. The musculoskeletal disorder management plan shall include the results of the assessment, and, where necessary, work restrictions and follow-up required. (ii) The employer shall ensure that the health care provider gives the affected employee a copy of the musculoskeletal disorder management plan at the time of the assessment. (iii) The employer shall obtain and furnish to the employee additional findings of the health care provider as soon as they become available. (iv) The employer shall ensure that the musculoskeletal disorder management plan does not reveal specific findings or diagnoses unrelated to exposure to workplace risk factors. (v) Where the employer has an on-site health care provider, the musculoskeletal disorder management plan shall be documented in the employee's medical record in accordance with 29 CFR 1910.20. (5) The employer shall ensure that: (i) The musculoskeletal disorder management plan prepared by the health care provider is followed during the recovery period; and (ii) The employee's health status is reviewed periodically as necessary and the musculoskeletal disorder management plan is updated by the health care provider until the employee is released from care by the health care provider. (6) Appendix C provides further guidance for medical management of employees with work-related musculoskeletal disorders, including examples of a medical and occupational history, a physical examination recording form for the neck and upper extremity, and a musculoskeletal disorder management plan. (7) Start-up date. Medical assessment and musculoskeletal disorder management plan provisions shall be implemented no later than [insert date 6 months after effective date]. (j) Recordkeeping. (1) Identification of problem jobs. Each employer with 10 or more employees shall establish and maintain accurate records of the identification of problem jobs specified in paragraph (e), in accordance with the requirements of 29 CFR 1910.20. (i) The record shall contain at least the following: (A) The name(s) and job classification(s) of the employee(s) in each job which has been identified as a problem job; (B) Copies of both the most recent initial and follow-up completed workplace risk factor checklists for employees in problem jobs, with the dates of completion; and (C) Any other conditions that might have affected the results of the identification of problem jobs. (ii) These records shall be maintained for at least 5 years. (iii) Employers with fewer than 10 employees shall certify that the identification of problem jobs has been completed, and note whether problem jobs were found. These employers need not maintain any other records regarding the identification of problem jobs. (2) Job improvement process. The employer shall establish and maintain an accurate record of the most recent job improvement process. These records shall be kept for at least five years after the job is controlled. (3) Training. The employer shall maintain a current copy of the training materials and program used, and the most recent methods and results of the evaluations of the effectiveness of the training, for 5 years. (4) Medical management. The employer shall establish and maintain an accurate record for each employee provided with medical management in accordance with 29 CFR 1910.20, except that employee medical records shall be maintained for at least the duration of an employee's employment plus five years. (i) This record shall include at least the following: (A) The name of the employee; and (B) The musculoskeletal disorder management plan prepared by the health care provider. (ii) The employer shall ensure that employee medical records are kept confidential and not disclosed or reported without the employee's express written consent to any person within or outside the workplace except as required by this section or by law. (5) Availability. (i) The employer shall ensure that all records required to be maintained by this section are made available for examination immediately upon request to the Assistant Secretary and the Director, and within 15 days for copying in accordance with 29 CFR 1910.20. (ii) The employer shall provide the employee medical records required by this section for examination and copying to that employee or former employee, and to anyone having the specific written authorization of that employee or former employee. (iii) The employer shall ensure that all records other than medical records required to be maintained by this section are made available within 15 days of any request to each affected employee, each former employee, and their designated representatives, for examination and copying in accordance with 29 CFR 1910.20. (6) Transfer of records. Whenever an employer ceases to do business and there is no successor employer to receive and retain records for the prescribed period, the employer shall: (i) Notify each affected current employee of their rights of access to records at least three months prior to the cessation of the employer's business; and (ii) Notify the Director at least three months prior to their disposal, and if requested by the Director to do so, transmit the records to the Director within that three month period. (k) Effective date. This section is effective [insert date 60 days after publication date]. All obligations of this standard commence on the effective date, except as otherwise specifically stated in this section. (l) Definitions. Administrative control means any procedure which significantly limits daily exposure by control or manipulation of the work schedule or manner in which work is performed. Administrative controls include but are not limited to job rotation, use of rest breaks or alternative tasks, job enlargement to increase task variability, redesign of work methods, and adjustment of work pace to reduce the number of repetitions. Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, or designee. Awkward posture means a deviation from the neutral position of any particular joint. Examples include, but are not limited to, twisting, bending, kneeling, squatting, and stooping. Illustrations are provided in Appendix B. Back means the trunk of the body from below the neck (cervical spine) to the tailbone (sacrum). The back includes the upper and lower back. The neck is considered to be part of the upper extremities for purposes of this section. Control the job or controlled job means to implement control measures which reduce or prevent employee exposure to workplace risk factors that result in either: (1) a workplace risk factor checklist score of 5 or less on the OSHA checklist in Appendix A; or (2) an alternate checklist score or detailed evaluation result which is equivalent to a score of 5 or less on the OSHA checklist. Designated representative means any individual or organization to whom an employee gives written authorization to exercise such employee's rights under this section. A recognized or certified collective bargaining agent shall be treated automatically as a designated representative without regard to written employee authorization. Director means the Director, National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or designee. Engineering controls mean physical changes to work stations, equipment, materials, production facilities or any other relevant aspect of the work environment which reduces or prevents exposure to workplace risk factors. Equipment means tools, machines, vehicles, devices, furniture, installations and other components in the work system. Ergonomics means the field of study that seeks to fit the job to the person, rather than the person to the job. This is achieved by the evaluation and design of workplaces, environments, jobs, tasks, equipment, and processes in relationship to human capabilities and interactions in the workplace. Fixed posture means prolonged muscle contraction without movement such as maintaining an unsupported posture or prolonged gripping of a tool. Forceful hand exertions TO BE DISCUSSED Health care provider means a person educated and trained in the delivery of health care services who is operating within the scope of their license, registration, certification, or legally authorized practice. Host employer means the controlling employer, joint employer, employing contractor, general contractor, project manager, or any other employer who specifies or provides the means or methods for performing the job. Incidence rate means the number of new work-related musculoskeletal disorders that occur during a year per 100 full-time equivalent workers. Incidence rates are calculated as follows: (Number of new work-related musculoskeletal disorders) x (200,000 work hours or 100 full-time equivalent workers) / (Work hours per year/or total number of full-time equivalent workers). Job means the performance of a series of tasks in order to reach a goal or defined end product, including a job assignment to complete specific tasks. Lower extremity means the hip, thigh, knee, leg, ankle and/or foot. Package means material(s) or object in a container where the contents are not known and the weight cannot be ascertained by the handling employee, e.g., a cardboard box containing cans of paint or a suitcase in baggage handling. Personal protective equipment, for purposes of this section, mean devices such as, but not limited to, corrective lenses for work with video display units, gloves, or padding, worn on or attached to the body, which are used for the purpose of controlling workplace risk factors. For purposes of this section, devices worn on or attached to the wrist or back are not considered personal protective equipment. Problem job means a job where: (1) the OSHA workplace risk factor checklist in Appendix A results in a score of more than 5; or (2) an alternate checklist or evaluation has results that are equivalent to a score of more than 5 on the OSHA checklist. Restrictions mean any limitation placed on the manner in which an employee performs a job or work tasks during the recovery period. Restrictions refer collectively to any of the following: alternative duty assignment, alternative work, light duty, job modifications, job restrictions, and modified duty. Severity rate means the number of lost workdays due to work-related musculoskeletal disorders occurring in a year per 100 full-time equivalent workers. Severity rates are calculated as follows: (Number of lost workdays) x (200,000 hours or 100 full-time equivalent workers) / (Work hours per year/or number of full-time equivalent workers). Task means a subunit of a job or the group of activities that must be performed to accomplish the work objective or the job. Unassisted frequent or forceful manual handling means lifting, lowering, carrying, handling or pushing/pulling animals, people, heavy objects, equipment, or tools without assistance from mechanical devices. Frequent manual handling TO BE DISCUSSED Forceful manual handling TO BE DISCUSSED Upper extremity means the hand, wrist, elbow, arm, shoulder and/or neck. Vibration means the oscillatory motion of a physical body. Localized (segmental) vibration, such as hand-arm vibration, is produced by contact with powered tools or equipment or contact with vibrating structures. Whole body vibration exposure occurs while standing or seated in vibrating environments or objects, such as trucks, heavy machinery, or while using heavy equipment such as jackhammers. Work methods mean the physical methods used to perform the tasks of a job, such as reaching, gripping, use of tools and equipment, or discarding objects. Workplace means an establishment, job site, or project, at one geographical location. Workplace risk factors mean actions in the workplace, workplace conditions, or a combination thereof, that may cause or aggravate a work-related musculoskeletal disorder. Workplace risk factors include, but are not limited to, repetitive, forceful or prolonged exertions; frequent or heavy lifting; pushing, pulling, or carrying of heavy objects; a fixed or awkward work posture; contact stress; localized or whole-body vibration, cold temperatures:and poor lighting (leading to awkward postures). These workplace risk factors can be intensified by work organization characteristics, such as inadequate work-rest cycles, excessive work pace and/or duration, unaccustomed work, lack of task variability, machine-paced work, and piece rate. Work-related musculoskeletal disorder means an injury or an illness of the muscles, tendons, ligaments, peripheral nerves, joints, cartilage (including intervertebral discs), bones and/or supporting blood vessels in either the upper or lower extremities, or back, which are associated with musculoskeletal disorder workplace risk factors and which are not the result of acute or instantaneous events (e.g., slips or falls). Classifications such as, but not limited to, cumulative trauma disorders, repetitive strain injuries or illnesses, repetitive motion injuries or illnesses, and repetitive stress injuries or illnesses are included in this definition. For purposes of this standard, the term "work-related musculoskeletal disorder" refers collectively to any of the following when they are caused or aggravated by exposure to workplace risk factors: signs, or persistent symptoms, or clinically-diagnosed work-related musculoskeletal disorders: 1. A sign is an objective finding that indicates a work-related musculoskeletal disorder has occurred. Signs include, but are not limited to, decreased range of joint motion; decreased grip strength; or swelling of a joint or part of an arm, shoulder, neck, back, or leg; or change in skin color (e.g., skin turns abnormally white) on exposure to cold or vibration. 2. Persistent symptom means a symptom which has persisted for at least 7 calendar days from onset, or is interfering with the employee's ability to perform the job. Persistent symptoms include, but are not limited to, pain from exertion, pressure, or exposure to cold or vibration, except when the pain is due to an acute or instantaneous event (e.g., burn, abrasion, splinter, slip or fall) or some other condition not associated with work-related musculoskeletal disorder workplace risk factors; or numbness or tingling in a digit, arm, shoulder, neck, back, or leg. 3. Clinical diagnoses of work-related musculoskeletal disorders include, but are not limited to, low back pain, sciatica, tendinitis, epicondylitis, rotator cuff tendinitis, synovitis, DeQuervains' disease, nerve entrapments (such as carpal tunnel syndrome) and neurovascular syndromes (such as hypothenar hammer or Raynaud's phenomenon). (m) Appendices. Appendix A of this section includes a mandatory representative sampling method for employers who choose to do representative sampling. The rest of Appendix A, and Appendices B, C and D to this section, provide guidance and are not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations. OSHA would like feedback on whether the non-mandatory appendices are understandable and helpful. What additional information would be useful for compliance assistance? .