Ergonomics – Standards and Enforcement

Detailed Guidance for OSHA’s Injury and Illness Recordkeeping Rule

This document provides general guidance about OSHA’s recordkeeping rule and provides links to more detailed guidance. The questions and answers in the Additional guidance portion of this document do not themselves impose enforceable recordkeeping or reporting obligations; such obligations are imposed only by the regulation.

What if I am an employer in an industry for which OSHA does not develop industry-specific guidelines?

Even if there are no guidelines specific to your industry, as an employer you still have an obligation under the General Duty Clause, Section 5(a)(1) to keep your workplace free from recognized serious hazards, including ergonomic hazards. OSHA will cite for ergonomic hazards under the General Duty Clause or issue ergonomic hazard alert letters, where appropriate, as part of its overall enforcement program. OSHA encourages employers to implement effective programs or other measures to reduce ergonomic hazards and associated MSDs. A great deal of information is currently available from OSHA, NIOSH, and various industry and labor organizations on how to establish an effective ergonomics program, and OSHA urges employers to avail themselves of these resources.

Does this mean OSHA will not use the General Duty Clause to cite for ergonomic hazards?

OSHA will use the General Duty Clause to cite employers for ergonomic hazards. Under the OSH Act’s General Duty Clause, employers must keep their workplaces free from recognized serious hazards, including ergonomic hazards. This requirement exists whether or not there are voluntary guidelines.

What will the OSHA enforcement program entail?

OSHA has been assessing MSD-related issues in complaints, referrals, and targeted inspections. OSHA will continue to evaluate the findings of its inspections and issue General Duty Clause citations or hazard alert letters for ergonomics hazards where appropriate. OSHA will do the same when responding to worker complaints.

OSHA will conduct inspections for ergonomic hazards and issue citations under the General Duty Clause and issue ergonomic hazard alert letters, when appropriate. OSHA will conduct follow-up inspections or investigations within 12 months of issuing an ergonomic hazard alert letter.

What about construction?

Where appropriate in the construction industry, OSHA will continue to evaluate MSD-related issues through targeted inspections and response to worker complaints.

Will OSHA notify employers who have high rates of MSDs?

Yes. As an adjunct to the Site Specific Targeting (SST), OSHA annually notifies employers in the OSHA Data Initiative who report high Lost Workday Injury and Illness rates at their establishment(s), and recommends that they seek assistance in addressing these workplace hazards. If employers report high rates of injuries which in some cases may be related to ergonomic issues, they will also be urged to seek assistance to address those hazards.

1904.1(a)Basic requirement.1904.1(a)(1)

If your company had 10 or fewer employees at all times during the last calendar year, you do not need to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics informs you in writing that you must keep records under § 1904.41 or § 1904.42. However, as required by § 1904.39, all employers covered by the OSH Act must report to OSHA any work-related incident that results in a fatality, the in-patient hospitalization of one or more employees, an employee amputation, or an employee loss of an eye.1904.1(a)(2)If your company had more than ten (10) employees at any time during the last calendar year, you must keep OSHA injury and illness records unless your establishment is classified as a partially exempt industry under § 1904.2.