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

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

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 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)

,063 Claims : 16,576 with Indemnity Benefits 37.4% Strains & Sprains Backs % Overexertion % Average Cost/Claim: $19,860 Workers’ Compensation Claims

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

JUDICIAL GUIDANCE n Management Commitment n Employee Involvement n Education & Training n Worksite Analysis n Hazard Prevention & Control n Medical Management

THE VERDICT : QUILTY OF NEEDING EFFECTIVE ERGONOMIC REGULATION

THE COURT’S FINDINGS

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

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 work, and outside activities that could increase risk Employers with 10 or fewer employees only need to provide written materials.

FOR MORE INFORMATION LABOR NC

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

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

Safe Harbor: S ubstantially Comply with Mandatory Provisions Employee involvement Worksite Evaluation Fix Problems

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

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

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

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 Federal Standard General Assembly Action A new Commissioner Congress New President

ON APPEAL