February 1999

Anticipate The Effect Of OSHA�s Ergonomics Standard On The Call Center

BY BRENT CLARK, SEYFARTH, SHAW, FAIRWEATHER AND GERALDSON

If you are a manager in a call center, you probably haven�t had much experience dealing with the Occupational Safety and Health Administration (OSHA). After all, your customer service staff is not routinely exposed to industrial hazards such as working with chemicals or operating machinery.

However, if OSHA succeeds in passing its proposed ergonomics standard, which was published in the Federal Register November 23, your familiarity with OSHA will probably increase dramatically. The standard promises to cover all industries (except maritime, construction and agriculture), including office-based industries frequently ignored by OSHA. As a result, call centers may soon be subject to increased compliance burdens and agency scrutiny.

Ergonomics refers to the science of tailoring the workplace to fit workers. OSHA�s proposed standard is an attempt to reduce the occurrence of musculoskeletal disorders (MSDs). Musculoskeletal disorders are defined as injuries of the muscles, nerves, tendons, ligaments, joints, cartilage and spinal disks. This includes �repetitive strain� injuries like carpal tunnel syndrome. Repetitive strain injuries are thought to be the result of tasks such as typing or even picking up the phone repeatedly. Muscle strains resulting from repetitive activities and poor or awkward postures are among the most likely MSDs to occur among call center employees.

If OSHA�s standard is enacted, call center managers will be expected to address the issue of repetitive injuries by implementing a comprehensive ergonomics program containing six central elements. Managers of non-manufacturing workers like call center employees will have to implement such a program after the first occurrence of a MSD in their workplace.

The first element the standard will require is management leadership and employee participation. This means that managers will be assigned specific responsibilities, provided with adequate resources and authority to implement an effective plan, and expected to respond quickly to identified hazards, reported injuries and the recommendations of healthcare workers. Managers will also be held responsible for their performance under the program and expected to communicate with employees regarding all aspects of the program.

Employees will be provided with procedures that allow them to report problems, get responses and stay involved in the program. They will also be given access to ergonomics information and allowed to participate in the job hazard analysis, training and evaluation phases of the ergonomics program.

The second requirement of an ergonomics program will be the identification of MSDs and MSD hazards. Employees must then be informed about how to recognize the signs and symptoms of and the hazards that are likely to contribute to MSDs. Such information must be in language that employees can easily comprehend. That means avoiding medical jargon that is only familiar to healthcare professionals, and using the employees� primary language so that comprehension is assured.

The draft standard then calls for em-ployers to conduct a job hazard anal-ysis and develop ways to control that hazard. Employers will need to analyze �problem jobs,� which OSHA has decided are jobs in which a MSD has occurred, and then identify, evaluate and implement feasible measures to eliminate or control the hazard. Employees working in the �problem job� must be surveyed and the job itself observed to identify factors contributing to MSDs. Controlling the hazard will most likely include engineering changes, including redesigning employees� workstations. However, employers might also be required to implement administrative controls such as employee rotation, slowing the pace of work, expanding rest breaks or redesigning work methods.

The fourth element of the program will require that employees in �problem jobs� (and all similar jobs), supervisors and individuals involved in the implementation of the ergonomics plan receive training at least every three years. Training must be comprehensive and thorough.

The next component covered in the OSHA draft is MSD management. Employers will be required to give injured employees prompt access to healthcare professionals for evaluation, treatment and follow-up. Employers will be expected to provide the healthcare professional with an accurate description of the employee�s job and any hazards associated with the job. Further, the draft standard requires that the employee be placed on restricted duty if recommended by the healthcare professional, and that during the period of restriction, the employer must provide the same earnings and benefits as the employee would normally receive. Additionally, if the employee is unable to work altogether, he or she must receive 90 percent of his or her after-tax earnings. In this respect, the standard conflicts directly with workers� compensation laws in most states, which say that injured workers should receive a percentage (usually 80 percent) of their salary while off work. Work restrictions are required by the draft unless measures to control the hazard are implemented, the employee is permanently unable to work or six months have passed since the injury.

The final stage of the program will be a formal evaluation of the plan on a yearly basis to ensure that the workplace is in compliance with OSHA�s standard. In the evaluation, employers must determine whether the program eliminates or is materially reducing MSD hazards.

As with other OSHA regulations, employers can expect a significant record-keeping requirement to be attendant upon any ergonomics standard that is passed. Employers will be expected to keep accurate records of employees� complaints and symptoms, of their own responses to complaints, the results of the hazard analysis, plans to control MSDs, employer evaluations and MSD management records.

Given the potential impact of this standard on their operations, it is important that employers remain informed of OSHA�s activities re-garding the ergonomics question and what implications a standard might have for their industry. Comments on the standard were due by February 1, 2000, and informal public hearings were to begin on February 22, 2000. The published draft of the standard should be studied to determine where and how it will affect the employer.

In addition, employers should begin to evaluate the workplace with an eye to what OSHA may expect. OSHA currently inspects workplaces for ergonomics violations and issues citations under the general duty clause.

Employers can stay ahead of the issue by conducting a hazard analysis now � under their own terms and conditions (potentially privileged from disclosure). They should begin to analyze worker injuries. Are there any cases of carpal tunnel syndrome or similar repetitive stress injuries? Are there any common elements to the working conditions of employees who have experienced such injuries? Perhaps you have several shifts using the same workstations at a particular call center. Are the workstations that are agreeable to the first shift causing problems for workers in the second shift? These are the kind of questions employers should be taking into consideration.

Employers should also begin to evaluate whether the design of the workstations in the call center might create a problem. Experts often recommend using chairs that offer enough support for the back and allow for adjustments by the individual employee. Chairs should also allow employees to sit with the soles of their feet resting on the floor and the knees slightly higher than the seat.

When operating a keyboard, the employee�s upper arm and forearm should form a right angle, with the hand in a straight line from the forearm. A moveable keyboard should be considered as it allows the individual to adjust the height and also leaves room on the desk for any necessary reference materials. Computer screens should swivel horizontally and tilt vertically to allow the employee to adjust for his or her own comfort, with the topmost line of the screen no higher than the user�s eyes.

The above are merely some of the aspects of workstation design that consultants advise call center managers to take into consideration when evaluating their office space for ergonomic risks. As each office has different circumstances and requirements, employers should tailor their ergonomics program to the individual needs of their workplace. Under the proposed plan, OSHA may not intervene in a call center until after a MSD has occurred, but it is vital that employers anticipate what such an injury may mean in their workplaces and prepare themselves for significant changes in their engineering and operations, or face substantial liabilities.

Brent Clark is a partner in the law firm of Seyfarth, Shaw, Fairweather and Geraldson and chair of the firm�s environmental, safety and health law practice. He represents employers in OSHA-related cases, including ergonomics cases that have come up under OSHA�s general duty clause. He can be reached at 312-269-8876 or via e-mail at [email protected].