Upload
brent-ortega
View
41
Download
0
Embed Size (px)
DESCRIPTION
The Case for North Carolina’s Ergonomic Standard. Angela S. Waldorf. North Carolina Department of Labor. THE EVIDENCE: Injury and Illness Data. BLS Survey Based on OSHA 200 Logs Workers’ Compensation Claims Closed Workers’ Compensation Cases. - PowerPoint PPT Presentation
Citation preview
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
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