The Case for North Carolina’s Ergonomic Standard

The Case for North Carolina’s Ergonomic Standard

Angela S. WaldorfAngela S. Waldorf

North Carolina Department of Labor

THE EVIDENCE:

Injury and Illness Data

THE EVIDENCE:

Injury and Illness Data

BLS Survey Based on OSHA 200 Logs BLS Survey Based on OSHA 200 Logs

Workers’ Compensation ClaimsWorkers’ Compensation Claims Closed Workers’ Compensation CasesClosed Workers’ Compensation Cases

BLS Survey DataBLS Survey Data1996: North Carolina1996: North Carolina

172,800 Cases: 161,300 Injuries172,800 Cases: 161,300 Injuries

11,500 Illnesses 11,500 Illnesses

8,100 Illnesses or 70% related to ergo 8,100 Illnesses or 70% related to ergo risk factors risk factors

59,681 Injuries or 37% related to ergo59,681 Injuries or 37% related to ergo

risk factors (includes sprains, risk factors (includes sprains, strains, carpal tunnel & tendonitis)strains, carpal tunnel & tendonitis)

1997-98

90,063 Claims : 16,576 with Indemnity Benefits

37.4% Strains & Sprains

Backs - 26.3%

Overexertion - 33.9%

Average Cost/Claim: $19,860

Workers’ Compensation ClaimsWorkers’ Compensation Claims

Closed Workers’ Comp ClaimsClosed Workers’ Comp Claims

1994: North Carolina1994: North Carolina

87% of carpal tunnel cases & 87% of carpal tunnel cases &

92% of back related cases closed with a 92% of back related cases closed with a permanent disability ratingpermanent disability rating

JUDICIAL GUIDANCEJUDICIAL GUIDANCE

Management Management CommitmentCommitment

Employee InvolvementEmployee Involvement Education & TrainingEducation & Training Worksite AnalysisWorksite Analysis Hazard Prevention & Hazard Prevention &

ControlControl Medical ManagementMedical Management

THE VERDICT:

QUILTY OF NEEDING EFFECTIVE ERGONOMIC

REGULATION

THE VERDICT:

QUILTY OF NEEDING EFFECTIVE ERGONOMIC

REGULATION

THE COURT’S FINDINGS THE COURT’S FINDINGS

COVERAGECOVERAGE

Employers who are required to cover Employers who are required to cover their employees under the Workers’ their employees under the Workers’

Compensation ActCompensation Act

Training and EducationTraining and EducationWHEN: Within 90 days of hiring and every 3 years WHEN: Within 90 days of hiring and every 3 years

thereafter thereafter

WHO: All employees WHO: All employees

WHAT: Ergo survey about stressors, safe ways toWHAT: Ergo survey about stressors, safe ways to

work, and outside activities that could work, and outside activities that could increase risk increase risk

Employers with 10 or fewer employees only need to Employers with 10 or fewer employees only need to provide written materials. provide written materials.

FOR MORE INFORMATION

www.dol.state.nc.us

1-800-LABOR NC

www.osha.gov

FOR MORE INFORMATION

www.dol.state.nc.us

1-800-LABOR NC

www.osha.gov

Within 30 Days Respond to Symptoms that are

Causally Related with Reasonable and Feasible

Within 30 Days Respond to Symptoms that are

Causally Related with Reasonable and Feasible

Engineering ControlsEngineering Controls Administrative Administrative

ControlsControls Work Practice Work Practice

ControlsControls

Medical ManagementMedical Management

Workers’ Compensation Workers’ Compensation SystemSystem

Follow the written work Follow the written work restrictions of medical restrictions of medical

care providerscare providers

Safe Harbor: Substantially Comply with

Mandatory Provisions

Employee involvement

Worksite Evaluation

Fix Problems

Safe Harbor: Substantially Comply with

Mandatory Provisions

Employee involvement

Worksite Evaluation

Fix Problems

Cost of ImplementationCost of Implementation

Training: 1 hour plus $1.00 for Training: 1 hour plus $1.00 for materialsmaterials

Control Implementation: $500.00Control Implementation: $500.00

Fiscal Note finding:Fiscal Note finding:

$65,442,529 Net Savings over 5 years$65,442,529 Net Savings over 5 years

Process for AdoptionProcess for Adoption Fiscal NoteFiscal Note 5/3/99 - State Register Notice5/3/99 - State Register Notice Public Hearings Public Hearings

5/20: Hickory5/20: Hickory

5/25: New Bern5/25: New Bern

5/26: Durham5/26: Durham 7/2/99 - End of Public 7/2/99 - End of Public

Comment PeriodComment Period 7/21/99 - Adoption 7/21/99 - Adoption RRC ApprovalRRC Approval Sits before General Assembly Sits before General Assembly

CURRENT STATUS OF THE CASE

CURRENT STATUS OF THE CASE

General Assembly

August 5, 1999: Moratorium on implementation or enforcement through 6/30/01

Rules Review Commission

9/30/99: Objection Based on Ambiguity12/16/99: Objection Based on Authority

DEPARTMENT OF LABOR

5/12/00: FILED SUIT IN WAKE COUNTY SUPERIOR COURT

DEPARTMENT OF LABOR

5/12/00: FILED SUIT IN WAKE COUNTY SUPERIOR COURT

RRC exceeded its statutory authority

DOL properly adopted the standard

RRC as constituted violates the NC Constitution

The RRC’s action was an unlawful procedure

Seeking Declaratory and Injunctive Relief

THE FUTURE???

The Fed

eral S

tandard

General Assembly ActionA new Commissioner

Congress New Pres

ident

ON APPEALON APPEAL