Original Notice.

Preproposal statement of inquiry was filed as WSR 98-24-093.

Title of Rule: Ergonomics.

Purpose: BACKGROUND: Work-related musculoskeletal disorders (WMSDs) are among the most common and costly occupational injuries and illnesses in the United States and Washington state. Nontraumatic soft tissue WMSDs such as tendinitis, carpal tunnel syndrome and low back disorders (but not including injuries from slips, trips, falls, motor-vehicle accidents or being struck by or caught in objects) alone account for 32% of all workers' compensation claims accepted by L&I and 46% of all claim costs. There are over 50,000 such claims per year.

There is strong scientific evidence that workers doing jobs and tasks with known risk factors are exposed to preventable hazards for WMSDs. For example, the National Institute for Occupational Safety and Health has recently evaluated more than 2000 scientific publications and reviewed 600 epidemiological studies in detail, concluding "a substantial body of credible epidemiologic research provides strong evidence of an association between musculoskeletal disorders and certain work-related physical factors when there are high levels of exposure and especially in combination with exposure to more than one physical factor (e.g. repetitive lifting of heavy objects in extreme or awkward postures)." There is also evidence that applying the principles and tools of ergonomics to these hazards can effectively reduce these risks and thereby prevent many WMSDs. For example, the Government Accounting Office recently concluded that "Our work has demonstrated that employers can reduce these costs and injuries and thereby improve employee health and morale, as well as productivity and product quality...We found that these effects do not necessarily have to involve costly or complicated processes or reduction measures, because employers were able to achieve results through a variety of simple, flexible approaches."

WISHA's previous enforcement efforts to reduce WMSD hazards have relied upon WAC 296-24-040 Accident prevention programs and WAC 296-24-073 Safe place standards. This has not been sufficient. In the 1980s, L&I recognized the need to provide information and technical assistance to employers to help reduce WMSD hazards. L&I efforts to assist with voluntary reduction of these WMSD hazards have included publication of guidelines and other informational material, free on-site consultation, workshops, research and other forms of technical assistance. After ten years of such efforts L&I surveyed more than 5000 employers and determined that 60% of employers still report no efforts to reduce WMSD hazards. Even among those employers who recognize WMSD hazards in their workplaces, 40% report no efforts to reduce them. L&I has concluded that a specific ergonomics regulation is necessary to supplement these other activities.

The proposal will add requirements to reduce hazards for WMSDs in chapter 296-62 WAC, through the creation of a new part A-1.

RULE DEVELOPMENT: Rule development conferences were held throughout the state with feedback being received from more than 500 participants. An advisory committee was formed to seek guidance on content of the rule. The committee consisted of 30 members who were representatives from large and small businesses, labor, safety and health professionals, and the medical community. The advisory committee held full day meetings seven times from February 1999 through June 1999. Following these meetings, a "toolbox" committee was formed to assist L&I and the employer community in creating resource and guidance materials with regard to reducing hazards for WMSDs. A second advisory committee was created as a subcommittee of the Construction Advisory Committee to provide additional assistance in this process. The focus of this subcommittee was on how to reduce hazards for WMSDs within construction industries. In addition, minutes from advisory committee meetings and periodic updates were placed on L&I's website as well as mailed to a list of over 700 who had indicated interest in this process.

SUMMARY OF PROPOSED NEW REQUIREMENTS: For WAC 296-62-051 Part A-1, Ergonomics, WISHA's proposal includes the following:

•	The rule is written in a user-friendly question and answer format.
•	Most employers will only have to do a quick review to determine if they are covered by the rule.
•	To determine if the rule applies, easy to understand criteria are provided to identify tasks in the caution zone. "Caution zone jobs" will require further analysis, awareness education, and a determination if there are hazards that must be reduced.
•	Offers employers a choice between a general performance approach or specific performance approach to reduce hazards to be in compliance with the rule. Employers may either establish methods and criteria for the identification and reduction of hazards or use specific criteria identified in the rule.
•	Allows for existing alternative ergonomics' programs to comply with the proposed requirements if employers can demonstrate their method is as effective as the requirements of the rule in reducing hazards for WMSDs, and providing for employee education, training and participation.
•	Includes an implementation schedule, which allows employers ample time to prepare for compliance, especially small businesses.
•	Sets modest education requirements for employees and their supervisors in jobs that have clearly identified potential hazards for WMSDs.
•	Identifies four basic elements the awareness education must contain.
•	Encourages employee participation in the analysis of "caution zone jobs" and measures to reduce them.
•	Provides an appendix with hazard reduction criteria for the employers choosing the specific performance approach. Also provides information outlining a plan for what L&I will do to assist employers.

DESCRIPTION OF NEW SECTIONS WITHIN chapter 296-62 WAC, Part A-1 WAC 296-62-051 Ergonomics. The proposal adds WAC 296-62-051 through 296-62-05176 as a new Part A-1 to the General Occupational Health Standards.

The proposal creates new requirements for the reduction of employee exposure to identified hazards that may cause or aggravate WMSDs. Employers will be required to find and fix these hazards. The rule is designed to prevent soft tissue WMSDs, not including those injuries from slips, trips, falls, motor vehicle accidents or being struck by objects. There are no requirements for medical management and employers will not be considered in violation solely from an employee developing a WMSD.

WAC 296-62-05103 Which employers are covered by this rule? The proposed rule only applies to employers having one or more "caution zone jobs." These are defined as any job or task where an employee's typical work includes any of a set of physical risk factors listed in the rule.

WAC 296-62-05105 What is a "caution zone job?" Employers having "caution zone jobs" must analyze them to see if they have WMSD hazards and must comply with provisions in the rule for employee education, employee involvement, and hazard reduction. "Caution zone jobs" can be identified using the list of physical risk factors to make a reasonable determination if they exist. "Caution zone jobs" are not prohibited.

WAC 296-62-05110 When do employers' existing ergonomics activities comply with this rule? The proposal allows for existing alternative ergonomics' programs to comply with the proposed requirements if employers can demonstrate their method is as effective as the requirements of the rule in reducing hazards for WMSDs, and providing for employee education, training and participation.

WAC 296-62-05120 Which employees must receive ergonomics awareness education and when? The proposal requires basic awareness education be provided to employees and their supervisors in "caution zone jobs" at least every three years. It also requires that employees assigned to work or supervise a "caution zone job" receive the initial education within 30 days of assignment if it has not occurred previously within the 3-year period.

WAC 296-62-05122 What must be included in ergonomics awareness education? The proposal identifies the content of subjects to be included in the ergonomics awareness education. It is anticipated this required training for identified employees and their supervisors will be a modest time commitment. The subjects to be included are: Work-related causes of musculoskeletal disorders, types, symptoms and consequences of WMSDs with the focus on early reporting, information on identifying hazards for WMSDs and common measures to reduce them, and the requirements of the rule.

WAC 296-62-05130 What options do employers have for analyzing and reducing WMSD hazards? The proposal requires that covered employers determine if "caution zone jobs" have hazards for WMSDs and to reduce those hazards identified. Employers may choose either a general performance approach or a specific performance approach. Both approaches require that "caution zone jobs" be analyzed using a systematic method to include identified factors. Individuals responsible for the analysis must know how to use the method effectively and be informed of requirements of the rule. In choosing measures to reduce hazards for WMSDs, engineering or administrative methods are preferred over individual work practice or personal protective equipment. Measures to reduce WMSDs that include job or work practice changes must be accompanied by job specific training.

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The general performance approach requires that employers reduce all hazards for WMSDs below criteria chosen by the employer or reduce them to the degree feasible. The general performance approach does not require a written program. Under this approach employers must be able to demonstrate how they analyzed "caution zone jobs," identified hazards, what jobs are affected and how hazards were reduced.

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The specific performance approach requires that "caution zone jobs" be analyzed to determine if any physical risk factors exceed the criteria in Appendix B. If so, the employer must reduce those hazards below the criteria identified or to the degree feasible. There is no written program requirement. Instead the employer must be able to demonstrate that the hazards identified have been reduced below the criteria provided in Appendix B.

WAC 296-62-05140 How must employees be kept involved and informed? The proposal requires employers provide for and encourage employee involvement in the analysis of "caution zone jobs" and measures to reduce identified hazards. The proposal also requires that employers with 11 or more employees who are required to have a safety committee (WAC 296-24-045), involve the committee in choosing the methods used for the employee participation. In addition, the proposal requires employers share with safety committees (WAC 296-24-045) or during safety meetings, the requirements of the rule, what jobs were identified with "caution zone tasks," the results of any hazard analysis, and measures used to reduce those hazards. The proposal also requires that employers review their ergonomics activities at least annually for effectiveness with the safety committees where one is required or ensure an equal means of employee involvement.

WAC 296-62-05150 How are terms and phrases used in this rule? The proposal defines the following key terms used in this rule for ease of understanding.

•	ANSI S3.34-1986 (R1997) Hand Arm Vibration Standards
•	"Caution Zone Jobs"
•	Department of Energy ErgoEASER
•	Ergonomics
•	Intensive Keying
•	Jobs Strain Index
•	Liberty Mutual Manual Handling Tables
•	NIOSH Lifting Equation, 1991
•	Recovery Cycles
•	Typical Work
•	UAW-GM Risk Factor Checklists
•	Work-Related Musculoskeletal Disorders (WMSDs)

WAC 296-62-05160 When must employers comply with this rule? The proposal includes a table for employers to determine effective and completion dates for rule requirements. The proposed rule is phased in by industry groups, employer size, and major requirements of the rule.

Note: Help for employers in implementing the rule.

The proposal identifies activities L&I will undertake to assist employers with compliance of the rule. These efforts are intended to be part of an overall implementation plan which will encourage employer and employee organizations to assist L&I in providing guides and models, industry best practices, testing of this information and be a clearinghouse for information regarding ergonomics assistance. After rule adoption, L&I will also identify voluntary Demonstration Employers who will work with L&I to test and improve guidelines, best practices and inspection policies and procedures as they are developed.

WAC 296-62-05170 Appendices.

WAC 296-62-05172 Appendix A: Illustrations of physical risk factors. The proposal includes illustrations showing common examples of postures and positions (including pinching, grasping, and using your hand or knee as a hammer). These examples are intended to help employers identify "caution zone jobs" quickly.

WAC 296-62-05174 Appendix B: Criteria for analyzing and reducing WMSD hazards for employers who choose the Specific Performance Approach. The proposal includes an analysis tool when using the specific performance approach to determine if a WMSD hazard exists. It includes illustrations so employers can easily identify if a hazard exists. In addition, the proposal includes steps an employer needs to follow when jobs with "caution zone jobs" that include heavy or frequent lifting are identified. This includes two charts. The proposal also includes a chart showing how to know when vibration hazards need to be reduced.

WAC 296-62-05176 Appendix C: Standard Industry Classification (SIC) Codes. The proposal includes a table which identifies what industries are included in the SIC codes noted in the implementation schedule.

BACKGROUND: Work-related musculoskeletal disorders (WMSDs) are a major contributor to workers' compensation claims, lost workdays and pain and suffering. Musculoskeletal (muscle, bone and connecting tissues) injuries and illness are often referred to as cumulative trauma disorders, repetitive motion disorders, or occupational overuse syndromes. Many employers and employees are unaware of either the risks, or the solutions for WMSDs.

The proposed rule focuses only on risk factors for the largest category of WMSDs, called nontraumatic soft tissue disorders, excluding those injuries from slips, trips, falls, motor vehicle accidents or being struck by or caught in objects, (referred to as WMSDs in the remainder of this document). These disorders are often caused or aggravated by awkward postures; high hand force; highly repetitive motion; repeated impact; heavy, frequent or awkward lifting, and moderate to high vibration. They are often found in jobs characterized by repetitious work or manual materials handling. The State of Washington Industrial Insurance Fund (hereafter referred as the state fund) pays approximately $288 million in WMSD claims every year. In addition, a low estimate of the cost of compensable WMSD claims among self-insured employers is approximately $52 million every year. In other words total direct costs from WMSD generated insurance claims is at least $340 million per year. The total cost of WMSD injuries to the residents of Washington state is actually much higher than the above figure, as insurance payments from the state fund and self-insurers do not fully compensate workers for lost time and income. In addition there is evidence that workers make sizable out of pocket payments to treat WMSDs (Morse, et al, 1998). Finally, there are sizable indirect costs associated with WMSDs. The indirect costs, that are the consequence of WMSDs, are borne by the employer in the form of higher absenteeism, turnover and replacement training costs as well as lower overall productivity. Indirect costs are also borne by the employee afflicted with a serious WMSD in the form of reduced long term earning potential and family stability. Indirect cost estimates range from 0.5 to 20 times direct costs, depending on the investigator and the type of injury being studied, with a median value of 4.1 times direct costs (Andreoni, 1986).

Presently, the state of Washington has no specific regulations requiring active identification and control of WMSD risk factors. General regulations requiring an effective accident prevention program and the maintenance of a safe workplace apply to the prevention of WMSD hazards, but they have proven insufficient. An ergonomics rule would provide greater incentives for the identification and control of musculoskeletal hazards in the workplace.

The proposed rule will apply only to employers with jobs having certain risk factors for WMSDs. In the proposed rule these jobs are designated "caution zone jobs." The employer is expected to make a reasonable determination whether this rule applies. Only employers with "caution zone jobs" must comply with Part 2 of the rule. Employers with "caution zone jobs" must provide ergonomics awareness education for workers in those jobs, analyze the "caution zone jobs" for WMSD hazards and reduce exposure to identified hazards. Employers may avoid the job analysis step by directly fixing their "caution zone jobs." The rule is to be phased in over a six-year period, beginning first with employers classified in selected Standard Industrial Classification codes (152, 174, 175, 176, 177, 242, 411, 421, 451, 541, 734 and 805) and having fifty or more employees.

The Regulatory Fairness Act (RFA), chapter 19.85 RCW, requires that the economic impact of proposed regulations on small businesses must be examined relative to their impact on large businesses. The term small business is defined as a business entity that has the purpose of making a profit and has fifty or fewer employees. If a rule results in a disproportionately large impact on small business the RFA requires that mitigation efforts be undertaken. The department anticipates that the average business compliance cost for the rule will exceed the SBEIS minor cost threshold(s).

The small business economic impact statement does not address the current burden of WMSDs, or the anticipated burden under the proposed rule, and is not a cost-benefit analysis. Occupational injury and illness due to WMSDs account for 32% of all state fund accepted claims and 20 million lost workdays from 1990-1997. Prior research shows that WMSDs addressed by the proposed rule are spread throughout Washington industries. Risk factors for these WMSDs are pervasive across all types and sizes of Washington's industries. The proposed ergonomics rule is designed to reduce WMSD hazards, WMSD claims and the associated direct and indirect costs of WMSDs. The direct cost of WMSDs is over $340 million per year. The department anticipates that benefits, in the form of a reduction in WMSDs, will significantly exceed the compliance costs presented in this analysis.

METHODS: A survey undertaken by the safety and health assessment and research for prevention program (SHARP) of L&I in the summer of 1998 was designed to obtain information on exposures of workers to a set of specific risk factors for WMSD. Firms were asked to report the number of workers exposed to each risk factor for less than two hours, two-four hours and for more than four hours. This source allowed us to estimate the proportion of the workforce in each industry which was exposed to each risk factor for more than two hours (Level 2) and the proportion exposed for more than four hours (Level 3).

To determine the anticipated cost imposed by the ergonomics rule on Washington businesses a telephone survey was developed and administered by L&I in the summer of 1999 (second survey). The survey elicited information from a sample of businesses across many industries. The survey contained questions about WMSD hazards, time and costs incurred to identify jobs with hazards, and implementation of control strategies and training programs. The proportion of firms' already implementing controls and the costs per employee for each element were estimated. To help estimate the costs in each industry to achieve an acceptable degree of hazard reduction, data was obtained from the Occupational Safety and Health Administration (OSHA). The OSHA estimates, made in 1995, constitute the most comprehensive evidence on ergonomic control costs. They are based on an extensive study of industrial scenarios, provided by ergonomists, to represent a wide range of industrial occupations.

In order to obtain the fraction of the workforce exposed to any or all of the risk factors, fractions exposed to separate risk factors were combined. The fractions of the workforce exposed to each separate risk factor are likely to overlap, but we assumed uniform distribution of risks throughout the workforce. Therefore, our method overestimates the total exposed population and the associated costs which businesses will incur in controlling exposures to WMSD.

For each one-digit SIC and for both small and large businesses, estimates of the total workforce exposure to WMSD risks for two or more hours and four or more hours were made. These, combined with the per-employee cost data obtained from the second survey and from OSHA, allow us to calculate total cost estimates for each element of the ergonomics rule.

RESULTS AND DISCUSSION: Results were reported at the most detailed level possible given the best available evidence. Costs in each component were annualized and discounted to reflect present value. Results are summarized for each component of the rule as they apply to certain populations.

Rule Review Costs: The department projects that there will be some costs for the time it takes employers to become familiar with the proposed ergonomics rule and the time required to present the rule to their company's safety committees. These costs are anticipated to be one-time costs and will occur primarily during the rule's phase-in period. Rule review costs are estimated at $1.87 million for small businesses and $0.76 million for large businesses. Expressed on a per employee basis the one time cost is $1.79 for small businesses and $0.48 for large businesses.

Job Identification and Job Analysis: The department anticipates that most employers will perform a quick and inexpensive step to determine whether or not they are covered by the rule. This identification time is estimated at five minutes per job where WMSD hazards may exist. Identification costs are estimated at $0.39 per employee for small employers and $0.22 for large employers per year. For those employers having "caution zone jobs" (Level 2), employers are expected to conduct a more detailed job analysis. It is estimated that because the ergonomic solutions for many jobs are straightforward, employers will decide to fix 30% of the caution zone without the need for job analysis. Total costs of job analysis were determined by applying the applicable population times the total estimated assessment time and wages for job hazard analysis. Annual costs per employee averaged $0.88 for small businesses and $1.16 for large businesses.

Engineering and Administrative Controls: For jobs identified as WMSD hazard (Level 3) jobs employers will be required to take control steps to reduce the exposure. Typically engineering or administrative controls steps will be necessary to reduce the hazard. The OSHA estimated control costs, expressed on a per employee basis (1999 dollars), were multiplied by the number of jobs with WMSD hazards. Annual engineering and administrative control costs per employee averaged $18.46 for small businesses and $20.65 for large businesses.

Personal Protective Equipment Costs: A fall back approach for controlling workplace ergonomics hazards is to use personal protective equipment (PPE). Estimated PPE costs were multiplied times the number of jobs with WMSD hazards. The annual PPE cost per employee averaged $0.16 for small businesses and $0.24 for all large businesses.

Basic Awareness Education: Employers with "caution zone jobs" must provide basic ergonomics awareness education. Estimates of educational awareness cost were aggregates of cost for employee and cost of supervisor and trainer time. Basic ergonomics awareness education costs per employee were estimated to be $1.87 for all small businesses and $1.73 for all large businesses.

Hazardous Job Training: Employees working in jobs with WMSD hazards will be required to be trained on job-based ergonomic hazards. Estimates of specific training cost were aggregates of cost for employee training time and instructor time. Annual per employee hazard job training costs were estimated to be $1.86 for all small businesses and $1.24 for all large businesses.

Training the Trainer: For those conducting job analysis and hazardous job training sessions, some level of advanced training will be necessary. These costs were composed of personnel time and a class cost. Annuals per employee training costs were estimated to be $3.00 for all small businesses and $0.97 for all large businesses.

Managerial and Administrative Costs: No recordkeeping is required under the rule. However, employers must be able to demonstrate various elements of compliance. Associated costs were estimated from responses to the 1999 L&I survey described above, regarding personnel managing ergonomics programs and percent of time spent on ergonomics. Small employer managers spent roughly half the time of large employers on ergonomic related issues. Annual per employee managerial and administrative costs were $3.06 for small businesses and $1.37 for large.

Total Estimated Annual Costs, Per Employee Costs and Costs as a Percent of Sales: Total costs for the proposed rule, and costs per employee were estimated by combining the nine cost subcomponents presented above. Results are presented in Summary Table 1. Total annual compliance costs for small, large and all businesses are estimated at $32.9 million, $44.2 million and $77.1 million dollars respectively. On a per employee basis the average annual costs are $31.47 for small businesses and $28.03 for large businesses and $29.40 for all businesses. Total costs and costs as a percent of sales by industrial category are provided in Summary Table 2. The results show that compliance costs are no more than 0.14% of sales for any single industrial category (small business in SIC1). Additional cost information is available in the full SBEIS.

Summary Table 1. Annual cost of the proposed ergonomics rule in each component category

Ergonomics Rule Cost Module	Small business		Large business		All businesses
	Total	Cost per emp.	Total	Cost per emp.	Total	Cost per emp.
Rule Review	$1,873,229	$1.79	$756,094	$.048	$2,629,323	$1.00
Job ID	$406,834	$0.39	$343,828	$0.22	$750,662	$0.29
Job analysis	$919,534	$0.88	$1,828,192	$1.16	$2,747,726	$1.05
Eng/Admin. Control	$19,318,843	$18.46	$32,529,031	$20.65	$51,847,874	$19.78
PPE	$169,046	$0.16	$376,583	$0.24	$545,628	$0.21
Awareness educate	$1,959,468	$1.87	$2,730,970	$1.73	$4,690,437	$1.79
Haz. Job training	$1,944,774	$1.86	$1,951,656	$1.24	$3,896,430	$1.49
Training the trainer	$3,143,009	$3.00	$1,479,113	$0.94	$4,622,122	$1.76
Mang. Cost	$3,197,527	$3.06	$2,158,640	$1.37	$5,356,167	$2.04
Total Estimated Cost	$32,932,263	$31.47	$44,154,107	$28.03	$77,086,370	$29.40

Summary Table 2. Annual costs and percent of sales by industrial category

SIC Industry	Small Business		Large Business		All Businesses
	Total cost	% of sales	Total costs	% of sales	Total cost	% of sales
0 AGRICULTURE AND FORESTRY	$3,782,287	0.141%	$898,782	0.065%	$4,681,069	0.115%
1 MINING AND CONSTRUCTION	$10,893,303	0.098%	$5,605,718	0.045%	$16,499,021	0.070%
2 MANUFACTURING: NONDURABLE	$1,000,314	0.031%	$3,761,103	0.011%	$4,761,416	0.013%
3 MANUFACTURING: DURABLE	$1,013,068	0.029%	$9,207,667	0.017%	$10,220,735	0.017%
4 TRANSPORTATION & PUBLIC UTIL	$1,805,716	0.073%	$5,957,881	0.056%	$7,763,597	0.059%
5 WHOLESALE TRADE	$6,921,102	0.025%	$8,167,210	0.009%	$15,088,312	0.012%
6 RETAIL TRADE	$1,265,154	0.029%	$1,353,776	0.008%	$2,618,929	0.013%
7 GENERAL SERVICES	$2,143,929	0.027%	$3,398,294	0.021%	$5,542,223	0.023%
8 PROFESSIONAL SERVICES	$3,919,762	0.038%	$5,696,970	0.035%	$9,616,732	0.036%
9 PUBLIC ADMINISTRATION	$187,629	*	$106,707	*	$294,336	*
SUM	$32,932,263	0.0447%	$44,154,107	0.0170%	$77,086,370	0.0232%

* Gross business sales not available for SIC 9

CONCLUSION: The proposed ergonomics rule requires employers with "caution zone jobs" to ensure educational awareness programs on ergonomic risks, signs and symptoms of WMSDs and on elements of the ergonomics rule. Employers with hazardous jobs are expected to eliminate or reduce hazards for employees who are exposed.

Using a combination of information from the SHARP, L&I employer surveys, OSHA and various labor market sources, the Department of Labor and Industries concludes that the ergonomics rule will not have a disproportionate impact to small employers. The department has found that the per employee compliance costs are approximately 10% higher for small employers relative to large employers and does not consider differences large enough to be indicative of disproportionate impact. Identification and analysis, training and awareness all pose relatively small costs. The largest cost component is due to ergonomic controls that only employers with WMSD hazard jobs would be expected to sustain.

The methods used in this analysis did not take into account any of the potential benefits of the proposed ergonomics rule. Each WMSD claim costs the state fund an average of $5,462. Each case represents higher premium costs for employers, additional noninsurance costs, and as well as pain and suffering borne by those with WMSD injuries. Many cases will be prevented through the proper application of ergonomics awareness education and controls. A subsequent cost-benefit analysis will estimate compliance cost of the proposed rule relative to expected benefits.

Despite little evidence that the ergonomics rule will have a disproportionate impact on small employers, the department recognizes that small businesses face inherent disadvantages which might not be fully demonstrated in this analysis. Therefore, the department concludes that a prudent approach to the rule is to make special allowances for potential impacts on small business. Mitigation of costs is planned in three ways. First, as discussed in this report, there will be a phase-in period, which includes delayed enforcement for small businesses. The department intends to undertake substantial efforts to provide assistance for small businesses in preparing for the rule during this phase-in. Second, under the rule employers will have the option of following specific compliance criteria laid out by the department for identifying and reducing WMSD hazards, or developing and using their own compliance criteria which is tailored to the employers' worksite and needs. Third, the department's method of assessing penalties for violations of rules allows a very substantial penalty reduction for small employers.

Statutory Authority for Adoption: RCW 49.17.010, [49.17].040., [49.17].050.

Statute Being Implemented: Chapter 49.17 RCW.

Summary: See Purpose above.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, (360) 902-5530; Implementation and Enforcement: Michael A. Silverstein, Tumwater, (360) 902-5495.

Name of Proponent: Department of Labor and Industries, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: Proposal adds a new section A-1 to chapter 296-62 WAC.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

A copy of the statement may be obtained by writing to Greg Nothstein, Economic Analyst, Department of Labor and Industries, P.O. Box 44000, Olympia, WA 98504-4000, phone (360) 902-6805, fax (360) 902-4202.

RCW 34.05.328 applies to this rule adoption. WISHA is proposing to add a new section A-1 to chapter 296-62 WAC. The purpose of the section is to assist employers in reducing employee exposure to workplace hazards that can cause or aggravate work-related musculoskeletal disorders (WMSD). The rule will require employers to identify and attempt to reduce these WMSD hazards. The proposed new section (A-1 of chapter 296-62 WAC) is a significant legislative rule as defined by RCW 34.05.328 (5)(c)(iii)).

Hearing Location: On January 5, 2000, at 1:00 p.m. and 6:00 p.m., at the Washington State Convention Center, Rooms 618-620, 8th and Pike, Seattle, Washington; on January 6, 2000, 1:00 p.m. and 6:00 p.m., at the Howard Johnson Plaza Hotel, Orcas Room, 3105 Pine Street, Everett, WA; on January 10, 2000, at 1:00 p.m. and 6:00 p.m., at the Tacoma Public Library, Olympic Room, 1102 Tacoma Avenue South, Tacoma, WA; on January 11, 2000, at 1:00 p.m. and 6:00 p.m., at the Red Lion Hotel at the Quay, Centennial Center, 100 Columbia Street, Vancouver, WA; on January 12, 2000, at 1:00 p.m. and 6:00 p.m., at Cavanaugh's Inn at the Park, Skyline Room, 303 West North River Drive, Spokane, WA; on January 13, 2000, at 1:00 p.m. and 6:00 p.m., at Cavanaugh's at Yakima Center, Ball Room, 607 East Yakima Avenue, Yakima, WA; and on January 14, 2000, at 1:00 p.m. and 6:00 p.m., at the Labor and Industries Building, Room S117-S118, 7273 Linderson Way S.W., Tumwater.

Assistance for Persons with Disabilities: Contact Josh Swanson by December 22, 1999, at (360) 902-5484.

Submit Written Comments to: Jennie Hays, Project Manager, WISHA Services Division, P.O. Box 44620, Olympia, WA 98504-4620, by 5:00 p.m. on February 14, 2000. In addition to written comments, the department will accept comments submitted to fax (360) 902-5529 or by e-mail at ergorule@lni.wa.gov. Comments submitted by fax must be ten pages or less.

Date of Intended Adoption: May 1, 2000.

November 15, 1999

Gary Moore

Director

OTS-3457.6

NEW SECTION
WAC 296-62-051
Ergonomics.

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The purpose of this rule is to reduce employee exposure to workplace hazards that can cause or aggravate work-related musculoskeletal disorders (WMSDs). In workplaces where these hazards exist, employers must reduce them. Doing so will prevent WMSDs such as tendinitis, carpal tunnel syndrome and low back disorders. The rule is not designed to prevent injuries from slips, trips, falls, motor vehicle accidents or being struck by or caught in objects.

This rule contains three parts.

•	Part 1, WAC 296-62-05105, provides a quick way for employers to know if they are covered.
•	Part 2 requires covered employers to meet an employee-education requirement and identify WMSD hazards. If hazards exist, the employer must reduce them.
•	Part 3 shows covered employers when they must comply with this rule. An employer's type of business and number of employees determine how much time is permitted for compliance (3 to 6 years for fixing WMSD hazards).

The rule does not include any requirements for the medical management of WMSDs or change any requirements for handling industrial insurance claims. An employer will not be in violation of this rule solely because an employee develops a WMSD or related symptom.

The department will work with a group of demonstration employers to test and improve guidelines, best practices, and inspection policies and procedures as they are developed.

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Employers with "caution zone jobs" are covered by this rule. A "caution zone job" is a job or task where an employee's typical work includes any of the physical risk factors listed in WAC 296-62-05105.

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"Caution zone"
A "caution zone job" is a job or task where an employee's typical work includes any of the physical risk factors listed below.
• Employers having one or more "caution zone jobs" must comply with Part 2 of this rule. "Caution zone jobs" may not be hazardous, but do require further evaluation.
• This rule does not prohibit "caution zone jobs."
• Employers who have made a reasonable determination that they do not have "caution zone jobs" are not covered by this rule.
Awkward Postures	•	Working with the hand(s) above the head, or the elbow(s) above the shoulder, for more than 2 hours total per workday
	•	Working with the neck, back or wrist(s) bent more than 30 degrees for more than 2 hours total per workday
	•	Squatting for a total of 2 hours per workday or kneeling for a total of 2 hours per workday
High Hand Force	•	Pinching an object weighing more than 2 pounds per hand for more than 2 hours total per workday
	•	Gripping an object weighing more than 6 pounds per hand for more than 2 hours total per workday
Highly Repetitive Motion	•	Repeating the same motion with the neck, shoulders, elbows, wrists, or hands (except for keying) with little or no variation every few seconds for more than 2 hours total per workday
	•	Performing intensive keying for more than 4 hours total per workday
Repeated Impact	•	Using the hand or knee as a hammer more than 10 times per hour for more than 2 hours total per workday
Heavy, Frequent or Awkward Lifting	•	Lifting objects weighing more than 75 pounds once per workday or 55 or more pounds more than 10 times per workday
	•	Lifting objects weighing more than 10 pounds if done more than twice per minute for more than 2 hours total per workday
	•	Lifting objects weighing more than 25 pounds above the shoulders, below the knees or at arms length more than 25 times per workday
Moderate to High Vibration	•	Using impact wrenches, carpet strippers, chain saws, percussive tools (jack hammers, scalers, riveting or chipping hammers) or other hand tools that typically have high vibration levels for more than 30 minutes total per workday
	•	Using grinders, sanders, jig saws or other hand tools that typically have moderate vibration levels for more than 2 hours total per workday
		(Employers may assume that hand tools vibrating less than 2.5 meters per second squared (m/s2) eight-hour equivalent are not covered.)

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Employers may continue to use effective alternative methods established before this rule's adoption date. If used, the employer must be able to demonstrate that the alternative methods, taken as a whole, are as effective as the requirements of this rule in reducing the WMSD hazards of each job and providing for employee education, training and participation.

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(1) Employers must ensure that all employees working in or supervising "caution zone jobs" receive ergonomics awareness education at least once every three years. The employer may provide ergonomics awareness education or may rely on education provided by another employer or organization.

(2) When employees are assigned to work in or supervise "caution zone jobs," they must receive ergonomics awareness education within 30 calendars days, unless they have received it in the past three years. This requirement applies when the initial "awareness education" deadline in the implementation schedule (WAC 296-62-05160) has passed.

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Ergonomics awareness education must include:

(1) Information on work-related causes of musculoskeletal disorders, including physical risk factors present in the type of job to which the employee is assigned (nonwork factors may be included as well);

(2) The types, symptoms and consequences of WMSDs and the importance of early reporting;

(3) Information on identifying WMSD hazards and common measures to reduce them; and

(4) The requirements of this ergonomics rule.

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All covered employers must determine whether "caution zone jobs" have WMSD hazards and must reduce the WMSD hazards identified. Employers may choose either the general performance approach or the specific performance approach as follows:

WAC 296-62-05130 - Analyzing and reducing WMSD hazards:				WAC 296-62-05130 - Analyzing and reducing WMSD hazards:
General Performance Approach				Specific Performance Approach
1.	The employer must analyze "caution zone jobs" to identify those with WMSD hazards that must be reduced. A WMSD hazard is a physical risk factor that by itself or in combination with other physical risk factors has a sufficient level of intensity, duration or frequency to cause a substantial risk of WMSDs. The employer must choose criteria for this analysis that are as effective as widely accepted nationally recognized criteria such as the Liberty Mutual Manual Handling Tables, the Job Strain Index, the Department of Energy ErgoEaser, the ANSI S3.34-1986 (R1997) Hand Arm Vibration Standards, the 1991 NIOSH Lifting Equation, or the UAW-GM Risk Factor Checklists.			1.	The employer must analyze "caution zone jobs" to identify those with WMSD hazards that must be reduced. A WMSD hazard is a physical risk factor that exceeds the criteria in Appendix B of this rule.
2.	The employer must analyze "caution zone jobs" using a systematic method that includes the following, if applicable:			2.	Same as General Performance Approach.
	a.	Physical demands specific to the worksite including posture, force, repetition, repeated impacts, vibration, duration, work pace, task variability and recovery cycles;
	b.	Layout of the work area, including reaches, working heights, seating and surfaces; and
	c.	Manual handling requirements, including size, shape, weight, and packaging.
3.	Individuals responsible for hazard analysis must know how to use the analysis method effectively and be informed about the requirements of this rule.			3.	Individuals responsible for hazard analysis must know how to use the analysis provided in Appendix B effectively and be informed about the requirements of this rule.
4.	The employer must reduce all WMSD hazards below the criteria chosen in WAC 296-62-05130(1) or to the degree feasible.			4.	The employer must reduce all WMSD hazards below the criteria in Appendix B of this rule or to the degree feasible.
5.	Measures used by employers to reduce WMSD hazards must take into account the causes of the hazards and must be implemented in the following order of preference:			5.	Same as General Performance Approach.
	a.	Engineering or administrative measures to reduce WMSD hazards. Examples include:
		•	changes to workstations and tools
		•	reducing the size and weights of loads handled
		•	process redesign to eliminate unnecessary steps or introduce task variety
		•	job rotation
		•	work schedule modification
	b.	Measures that primarily rely on individual work practices or personal protective equipment to reduce WMSD hazards. Examples include:
		•	kneepads
		•	impact gloves
		•	team lifting
		•	training on work techniques
6.	If measures to reduce WMSD hazards include changes in the job or work practices then job-specific training must be provided. This job-specific training must include:			6.	Same as General Performance Approach.
	a.	The hazards of the job or task;
	b.	Safe work practices; and
	c.	The proper use and maintenance of specific measures to reduce WMSD hazards that have been implemented.
7.	No written ergonomics program is required. The employer must be able to demonstrate the following:			7.	No written ergonomics program is required. The employer must be able to demonstrate that all WMSD hazards have been reduced below the criteria identified in Appendix B of this rule or to the degree feasible.
	a.	The method used to analyze "caution zone jobs";
	b.	The criteria used to identify WMSD hazards;
	c.	The jobs with identified WMSD hazards; and
	d.	The reduction of all WMSD hazards below the criteria chosen in WAC 296-62-05130(1) or to the degree feasible.

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(1) The employer must provide for and encourage employee participation in analyzing "caution zone jobs" and selecting measures to reduce WMSD hazards. Employers with eleven or more employees who are required to have safety committees (WAC 296-24-045), must involve this committee in choosing the methods to be used for employee participation.

(2) Employers with eleven or more employees must share the following information with the safety committee (if a committee is required by WAC 296-24-045). Employers who are not required to have a safety committee (WAC 296-24-045) must provide this information at safety meetings:

(a) The requirements of this rule;

(b) Identified "caution zone jobs";

(c) Results of the hazard analysis and/or identification of jobs with WMSD hazards; and

(d) Measures to reduce WMSD hazards.

(3) The employer must review its ergonomics activities at least annually for effectiveness and for any needed improvements. This review must include members of the safety committee where one exists or ensure an equally effective means of employee involvement.

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Note: Check L&I's WISHA Services website at http://www.lni.wa.gov/wisha/ergo for current links to any of the websites referred to in this section.

ANSI S3.34-1986 (R1997) Hand Arm Vibration Standards - American National Standard Guide for the Measurement and Evaluation of Human Exposure to Vibration Transmitted to the Hand. ANSI S3.34-1986 (R1997). Available for purchase at the ANSI web site http://web.ansi.org/default.htm.

"Caution zone jobs" - Jobs or tasks in which the employee's typical work includes physical risk factors identified in WAC 296-62-05105. These jobs have a sufficient degree of risk to require ergonomics awareness education and job hazard analysis.

Department of Energy ErgoEaser - Ergonomics Education, Awareness, System Evaluation and Recording (ErgoEaser) software package. U.S. Department of Energy, Office of Environment, Safety, and Health (1995). Can be downloaded from the Department of Energy website at http://tis.eh.doe.gov/others/ergoeaser/download.htm.

Ergonomics - The science and practice of designing jobs or workplaces to match the capabilities and limitations of the human body.

Intensive Keying - Keying with the hands or fingers in a rapid, steady motion with few opportunities for temporary work pauses.

Job Strain Index - The Strain Index: A proposed method to analyze jobs for risk of distal upper extremity disorders, Moore, J.S., and A. Garg, (1995). Published in American Industrial Hygiene Association Journal, Vol. 56, pgs. 443-458. Website http://sg-www.satx.disa.mil/hscoemo/tools/strain.htm.

Liberty Mutual Manual Handling Tables - The design of manual handling tasks: Revised tables of maximum acceptable weights and forces, Snook, S., Ciriello, V., (1991). Published in Ergonomics, Vol. 34, No. 9, pgs. 1197-1213.

NIOSH Lifting Equation, 1991 - Applications Manual for Revised Lifting Equation, Waters, T., Putz-Anderson, V., Garg, A., (1994). Available from the National Technical Information Center (NTIS), Springfield, VA 22161. 1-800-553-6847. Calculator website: http://www.industrialhygiene.com/calc/lift.html. Application guideline website: http//www.cdc.gov/niosh/94-110.html.

Recovery Cycles - Work periods with light task demands, or rest breaks, that permit an employee to recover from physically demanding work.

Typical Work - Work that is a regular or foreseeable part of the job.

UAW-GM Risk Factor Checklists - UAW-GM Risk Factor Checklist 2, 1998. UAW-GM Health and Safety Center, 1030 Doris Road, Auburn Hills, Michigan.

Work-Related Musculoskeletal Disorders (WMSDs) - Occupational disorders that involve soft tissues such as muscles, tendons, ligaments, joints, blood vessels and nerves. Examples include: Muscle strains and tears, ligament sprains, joint and tendon inflammation, pinched nerves, degeneration of spinal discs, carpal tunnel syndrome, tendinitis, rotator cuff syndrome. For purposes of this rule WMSDs do not include injuries from slips, trips, falls, motor vehicle accidents or being struck by or caught in objects.

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Employers covered by this rule must comply with its requirements by the dates shown.

INITIAL IMPLEMENTATION SCHEDULE

1.	Developing Ergonomics Guides and Models
	The department will work with employer and employee organizations to develop guides for complying with this rule (for example, a model program for ergonomics awareness education). Employer use of these guides will be optional.
2.	Identifying Industry Best Practices
	The department will work with employer and employee organizations to develop or identify methods of reducing WMSD hazards that will serve as examples of industry-specific best practices. As industry-specific best practices are developed, they may be used to demonstrate employer compliance with the requirement to reduce WMSD hazards. Employers will not be restricted to the use of industry best practices for compliance.
3.	Establishing Inspection Policies and Procedures
	The department will develop policies and procedures for inspections and enforcement of this rule prior to the first effective date. These policies and procedures will be communicated to employers and employees through mailing lists, business associations, labor unions and other methods before the department issues any citations or penalties.
4.	Testing Guidelines with Demonstration Employers
	Following adoption of this rule, the department intends to identify employers who agree to serve as Demonstration Employers. The department will work with these employers to test and improve guidelines, best practices and inspection policies and procedures as they are developed.
5.	Providing Information on Ergonomics
	The department will work with employer and employee organizations to collect and share the most effective examples of ergonomic training, job analysis, and specific solutions to problems. The department will make special efforts to share this information with the small business community.

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The following illustrations are provided as reference only. Some users of this rule may find the pictures aid their understanding of the text in WAC 296-62-05105.

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For each "caution zone job" find any physical risk factors that apply. Reading across the page, determine if all of the conditions are present in the job. If they are, a WMSD hazard exists and must be reduced (see WAC 296-62-05130(4), specific performance approach).

For each "caution zone job" find any physical risk factors that apply. Reading across the page, determine if all of the conditions are present in the job. If they are, a WMSD hazard exists and must be reduced (see WAC 296-62-05130(4), specific performance approach).

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The descriptive titles for the SIC codes listed in the implementation schedule (WAC 296-62-05160) are provided below. SIC codes are established by the federal Office of Management and Budget and are listed in the Standard Industrial Classification Manual, 1987 edition.

SIC*	INDUSTRY	EXAMPLES
152	General Building Contractors, Residential Buildings	• •	general contractors--single-family houses general contractors--residential buildings other than single-family
174	Masonry, Stonework, Tile Setting & Plastering	• • •	masonry, stone setting, and other stone work plastering, drywall, acoustical, and insulation work terrazzo, tile, marble, and mosaic work
175	Carpentry and Floor Work	• •	carpentry work floor laying and other floor work (NEC**)
176	Roofing, Siding and Sheet Metal	•	installation of roofing, siding, and sheet metal work
177	Concrete Work	•	includes portland cement and asphalt
242	Sawmills & Planing Mills	• • •	sawmills and planing mills hardwood dimension and flooring mills special products sawmills (NEC**)
411	Local & Suburban Transportation	• •	local and suburban transit local passenger transportation (NEC**)
421	Trucking & Courier Service, not Air	• • •	trucking local trucking with or without storage courier services (except by air)
451	Air Transportation, Scheduled and Air Courier	• •	scheduled air transportation air courier services Note: WISHA jurisdiction excludes planes in flight.
541	Grocery Stores	• • •	supermarkets food stores grocery stores
734	Services to Dwellings & Other Buildings	• •	disinfecting and pest control services building cleaning and maintenance services (NEC**)
805	Nursing & Personal Care	• • •	skilled nursing care facilities intermediate care facilities nursing and personal care facilities (NEC**)

*SIC or NAICS equivalent. In 2000, federal agencies that produce statistical data will adopt NAICS (North American Industry Classification System) codes and begin to phase out the SIC codes. State and local government agencies also will use this new coding structure to promote a common language for categorizing today's industries.

**NEC - not elsewhere classified.

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