OSHA Wins Appeal of Ergonomic Citation

Nov. 2, 2000
It may take nine years, but even without an ergonomics standard\r\nOSHA can use the general duty clause to defend ergonomics\r\ncitations.

It may take nine years, but even without an ergonomics standard OSHA can use the general duty clause to defend ergonomics citations.

In 1991, OSHA cited Beverly Enterprises Inc., alleging that at five of the company''s 800 nursing home facilities, the lifting and transferring of patients exposed employees to the hazard of injuries to the back and upper extremities.

The company contested the citation and in 1995, a lower court agreed with the company''s position that the hazard was not described specifically enough to afford the employer fair notice of the charge against it.

Beverly argued that with respect to lifting methods, no general corporate policy or guidelines are possible because the appropriate technique can only be determined on a case-by-case basis.

The judge also concluded OSHA had failed to demonstrate that the working conditions at Beverly''s facilities presented a hazard to its employees.

Nursing assistants testified that they were not instructed when they should lift a patient by themselves, when they should lift with assistance or when they should use a mechanical device.

Beverly''s corporate safety manager testified that a "vast number" of the company''s workers'' compensation claims came from lifting and transferring residents.

Beverly contested very few of these claims.

OSHA appealed the lower court decision and won in a two to one decision released last week by the Occupational Safety and Health Review Commission (OSHRC).

The OSHRC reversed the lower court''s decision and remanded the case to determine the feasibility of abating hazards.

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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