Ergonomics: OSHA Eases Grandfather Clause Requirements

Jan. 11, 2001
OSHA denied a request for an\r\nextension on the deadline employers must meet to "grandfather" their\r\nergonomics programs, but it may have given businesses a break instead.

OSHA Administrator Charles Jeffress denied a request for an extension on the deadline employers must meet to "grandfather" their ergonomics programs, but all the same he gave businesses a break in his final month, according to Frank White, vice president of Organization Resources Counselors (ORC).

"He gave useful interpretations of the grandfather clause which will serve business well," White said. ORC, a management-consulting firm requested the extension in a Dec. 1 letter to Jeffress.

ORC argued that big differences between the proposed and the final standard made it hard for employers to have only 60 days from the publication of the rule to meet the requirements of the grandfather clause.

In response, Jeffress made four major points in a Dec. 28 letter to ORC:

  • The standard only requires employers to have made "an initial evaluation" of their ergonomics program by Jan. 16, 2001. This initial evaluation need not find the program "is without deficiencies," instead, OSHA only expects employers to have identified missing elements and establish a timetable to address them.
  • OSHA would not require "grandfathered" employers to use the same trigger criteria the standard calls for in paragraphs (e) and (f).
  • The initial evaluation required by paragraph (c)(1)(v) of the standard need not have been conducted between Nov. 14, 2000 and Jan. 16, 2001. Evaluations conducted before the standard''s publication may be used to satisfy this requirement.
  • Even though the standard is establishment-based, companies who have conducted a corporate-wide initial evaluation will meet the requirements of (c)(1)(v).

by James Nash

About the Author

EHS Today Staff

EHS Today's editorial staff includes:

Dave Blanchard, Editor-in-Chief: During his career Dave has led the editorial management of many of Endeavor Business Media's best-known brands, including IndustryWeekEHS Today, Material Handling & LogisticsLogistics Today, Supply Chain Technology News, and Business Finance. In addition, he serves as senior content director of the annual Safety Leadership Conference. With over 30 years of B2B media experience, Dave literally wrote the book on supply chain management, Supply Chain Management Best Practices (John Wiley & Sons, 2021), which has been translated into several languages and is currently in its third edition. He is a frequent speaker and moderator at major trade shows and conferences, and has won numerous awards for writing and editing. He is a voting member of the jury of the Logistics Hall of Fame, and is a graduate of Northern Illinois University.

Adrienne Selko, Senior Editor: In addition to her roles with EHS Today and the Safety Leadership Conference, Adrienne is also a senior editor at IndustryWeek and has written about many topics, with her current focus on workforce development strategies. She is also a senior editor at Material Handling & Logistics. Previously she was in corporate communications at a medical manufacturing company as well as a large regional bank. She is the author of Do I Have to Wear Garlic Around My Neck?, which made the Cleveland Plain Dealer's best sellers list.

Nicole Stempak, Managing Editor:  Nicole Stempak is managing editor of EHS Today and conference content manager of the Safety Leadership Conference.

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