How Do I Know if I'm Grandfathered?

Dec. 1, 2000
An OSHA ergonomist talks about how companies can determine if they qualify for the grandfather provision of the final ergonomics rule.

OSHA''s Garry Orr is an ergonomist who provided much of the technical expertise in the development of the agency''s ergonomic standard.

Although some of Washington''s highest paid lawyers would like to eat him for lunch, in an interview with Occupational Hazards, Orr was ebullient about the benefits of ergonomics.

"I''m going to fit the job to the worker," said Orr. "I don''t know how you can go wrong with this!"

Orr believes 80 to 90 percent of companies with existing ergonomics programs will qualify for the grandfather provision of the final rule.

But he said there is no formal process for a company to determine if its program meets OSHA''s requirements.

"It''s really up to the employer to make a judgment," said Orr.

For most employers he recommends going through a two-step analysis:

Do you have an effective program? Are you reducing MSDs in numbers and severity?

Do you have an effective process? To qualify for grandfather protection, the standard requires management leadership, employee participation, job hazard analysis, training, program evaluation and (by Jan. 16, 2002) worker restriction protection.

Orr emphasized the importance of worker participation in ergonomics programs, and asserted it is something OSHA will be looking for.

He also pointed out that in a dispute, the burden of proof would be on OSHA to prove an employer does not have an effective program.

"If an employer can show an effective process and good numbers, you aren''t going to be held to every provision of the standard," said Orr.

Employers can always call OSHA for help in determining whether or not they qualify. But there is a catch.

"We''ll be more than glad to help you out," commented Orr. "But if we find a violation, you''re going to have to fix it."

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.

Sponsored Recommendations

Navigating ESG Risk in Your Supply Chain

Sept. 26, 2024
Discover the role of ESG in supply chains, from reducing carbon footprints to complying with new regulations and enhancing long-term business value.

Best Practices for Managing Subcontractor Risk

Sept. 26, 2024
Discover how to effectively manage subcontractor risk with unified strategies, enhanced oversight, and clear communication for consistent safety and compliance.

Fitting in Fast: Making a Safe Workplace for New Hires

Sept. 12, 2024
Over a third of nonfatal injuries happen to workers who have been with their current employer for less than a year.

Top 10 Causes of Distracted Driving—and What They All Have in Common

Aug. 27, 2024
The results reveal the top ten causes of distracted driving, and make it clear that not all distractions are created equal.

Voice your opinion!

To join the conversation, and become an exclusive member of EHS Today, create an account today!