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The Case for North Carolina’s Ergonomic Standard

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.

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The Case for North Carolina’s Ergonomic Standard

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  1. The Case for North Carolina’s Ergonomic Standard Angela S. Waldorf North Carolina Department of Labor

  2. THE EVIDENCE:Injury and Illness Data • BLS Survey Based on OSHA 200 Logs • Workers’ Compensation Claims • Closed Workers’ Compensation Cases

  3. BLS Survey Data 1996: North Carolina 172,800 Cases: 161,300 Injuries 11,500 Illnesses 8,100 Illnesses or 70% related to ergo risk factors 59,681 Injuries or 37% related to ergo risk factors (includes sprains, strains, carpal tunnel & tendonitis)

  4. Workers’ Compensation Claims 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

  5. Closed Workers’ Comp Claims 1994: North Carolina 87% of carpal tunnel cases & 92% of back related cases closed with a permanent disability rating

  6. JUDICIAL GUIDANCE • Management Commitment • Employee Involvement • Education & Training • Worksite Analysis • Hazard Prevention & Control • Medical Management

  7. THE VERDICT:QUILTY OF NEEDING EFFECTIVE ERGONOMIC REGULATION

  8. THE COURT’S FINDINGS

  9. COVERAGE Employers who are required to cover their employees under the Workers’ Compensation Act

  10. Training and Education WHEN: Within 90 days of hiring and every 3 years thereafter WHO: All employees WHAT: Ergo survey about stressors, safe ways to work, and outside activities that could increase risk Employers with 10 or fewer employees only need to provide written materials.

  11. FOR MORE INFORMATIONwww.dol.state.nc.us1-800-LABOR NCwww.osha.gov

  12. Within 30 Days Respond to Symptoms that are Causally Related with Reasonable and Feasible • Engineering Controls • Administrative Controls • Work Practice Controls

  13. Medical Management Workers’ Compensation System Follow the written work restrictions of medical care providers

  14. Safe Harbor: Substantially Comply with Mandatory ProvisionsEmployee involvementWorksite EvaluationFix Problems

  15. Cost of Implementation Training: 1 hour plus $1.00 for materials Control Implementation: $500.00 Fiscal Note finding: $65,442,529 Net Savings over 5 years

  16. Process for Adoption • Fiscal Note • 5/3/99 - State Register Notice • Public Hearings 5/20: Hickory 5/25: New Bern 5/26: Durham • 7/2/99 - End of Public Comment Period • 7/21/99 - Adoption • RRC Approval • Sits before General Assembly

  17. 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 Ambiguity 12/16/99: Objection Based on Authority

  18. DEPARTMENT OF LABOR5/12/00: 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

  19. THE FUTURE??? The Federal Standard General Assembly Action A new Commissioner New President Congress

  20. ON APPEAL

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