{"id":673,"date":"2018-03-08T18:19:00","date_gmt":"2018-03-08T23:19:00","guid":{"rendered":"http:\/\/caloshadefensereport.com\/?p=673"},"modified":"2026-03-15T23:41:20","modified_gmt":"2026-03-15T23:41:20","slug":"cal-osha-compels-hospitality-employers-to-clean-up-their-act-ergonomically-speaking","status":"publish","type":"post","link":"https:\/\/www.connmaciel.com\/calosha-defense-report\/cal-osha-compels-hospitality-employers-to-clean-up-their-act-ergonomically-speaking\/","title":{"rendered":"Cal\/OSHA Compels Hospitality Employers to Clean Up Their Act, Ergonomically Speaking"},"content":{"rendered":"

By\u00a0Aaron R. Gelb<\/a>\u00a0and\u00a0Andrew J. Sommer<\/a><\/p>\n

Musculoskeletal disorders (MSDs) are the single most common type of work-related injury, but federal OSHA has struggled for decades to develop a coherent regulatory and\/or enforcement strategy to address the hazards that cause these ergonomic injuries.\u00a0 Where federal OSHA fell short, the State of California has picked up the slack, with Cal-OSHA recently finalizing a safety standard regarding Housekeeping Musculoskeletal Injury Prevention.\u00a0 The standard, which will go into effect this summer applies to all lodging establishments that offer sleeping accommodations available to be rented by members of the public, and requires operators to develop, implement and maintain a written Musculoskeletal Injury Prevention Program tailored to hazards associated with housekeeping.<\/p>\n

Background About Ergonomics<\/strong><\/p>\n

An ergonomic hazard is a physical factor within the work environment that has the potential to cause a musculoskeletal disorder (MSD).\u00a0\u00a0<\/span>MSDs are injuries and disorders that affect the human body\u2019s movement or musculoskeletal system; i.e., muscles, tendons, ligaments, nerves, discs, blood vessels, etc.\u00a0\u00a0Common ergonomic hazards include repetitive movement, manual handling, workplace design, uncomfortable workstation height, and awkward body positioning<\/span>.\u00a0\u00a0The most frequent ergonomic injuries (or musculoskeletal disorders) include muscle\/tendon strains, sprains,\u00a0and back pains,\u00a0<\/span>Carpal Tunnel Syndrome,\u00a0<\/span>Tendonitis,\u00a0Degenerative Disc Disease, Ruptured \/ Herniated Disc, etc., caused by performing the same motion over and over again (such as vacuuming), overexertion of physical force (lifting heavy objects), or working while in an awkward position (twisting your body to reach up or down to perform a work task).<\/span><\/p>\n

MSDs are the single most common type of work related injury.\u00a0 According to\u00a0Bureau of Labor Statistics data<\/a>, MSDs alone account for nearly 30% of all worker\u2019s compensation costs.\u00a0\u00a0OSHA estimates<\/a> thatwork-related MSDs in the U.S. alone account for over 600,000 injuries and illnesses (approx. 34% of all lost workdays reported to the BLS), and employers spend as much as $20\u00a0billion<\/em>\u00a0a year on direct costs for MSD-related injuries and up 5x that on indirect costs (e.g., lost productivity, hiring and training replacement workers, etc.).<\/p>\n

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Federal OSHA\u2019s Ergonomics Enforcement Policy<\/strong><\/p>\n

Nevertheless, federal OSHA has been lost in the woods for years searching for a coherent ergonomics enforcement policy.\u00a0 In the final days of the Clinton Administration in November 2000, federal OSHA promulgated an extremely controversial midnight Ergonomics Standard, requiring employers to take measures to curb ergonomic injuries in the workplace.\u00a0<\/span>\u00a0Days later, utilizing the Congressional Review Act (CRA), the Republican Congress voted to overturn the ergonomics regulation and newly elected President George W. Bush signed the resolution of disapproval, repealing the ergonomics standard.\u00a0\"\"<\/a>Because the CRA prevents the agency from promulgating a substantially similar regulation, ergonomic injuries have since gone unregulated, other than sparing use of the general duty clause.<\/p>\n

Although employers in states subject to federal OSHA jurisdiction have thus been able to adopt a wait-and-see approach with respect to ergonomics enforcement generally, and specifically how the Trump Administration will roll-out its overall deregulation agenda to workplace safety matters, some states with their own OSH Programs are stepping in to fill the void.<\/p>\n

Cal\/OSHA on Ergonomics<\/strong><\/p>\n

To no one\u2019s surprise, California is one state pushing progressive new worker safety regulatory requirements, even as federal OSHA retreats in that area.\u00a0 One significant new move by Cal-OSHA is the recently finalized\u00a0safety standard on Hotel Housekeeping Musculoskeletal Injury Prevention<\/a>.\u00a0 The new standard, which will be enforced by Cal\/OSHA, was approved on March 9th by the Office of Administrative Law, and will become effective July 1, 2018.<\/p>\n

This standard<\/a>, which focuses on ergonomic hazards associated with housekeeping positions, follows closely on the heels of a series of \u201cpanic button\u201d ordinances enacted by several large cities across the country to protect housekeepers from sexual assault by hotel guests and\/or visitors.<\/p>\n

California adopted the new workplace safety and health regulation to prevent and reduce work-related injuries to housekeepers in the hotel and hospitality industry. This is the first ergonomic standard in the nation written specifically to protect hotel housekeepers.\u00a0 In a\u00a0press release announcing the final standard<\/a>, Cal\/OSHA\u2019s Chief Juliann Sum explained:<\/p>\n

\u201cHotel housekeepers have higher rates of acute and cumulative injuries compared to workers in other industries, and data shows those injuries have steadily increased . . . This regulation requires employers to identify, evaluate and correct housekeeping-related hazards with the involvement of housekeepers and their union representative.\u201d<\/p><\/blockquote>\n

The standard, applies to all lodging establishments that offer sleeping accommodations available to be rented by members of the public, from high-end hotels and resorts, to motels, inns and bed & breakfasts.\u00a0\u00a0\"\"<\/a>The standard specifically excludes from this definition hospitals, nursing homes, residential communities, prisons, shelters, boarding schools and worker housing.<\/p>\n

Covered establishments will be required, under the new standard, to develop, implement and maintain a written Musculoskeletal Injury Prevention Program (\u201cMIPP\u201d) that is tailored to hazards associated with housekeeping.\u00a0 Employers have the option of including the MIPP with their preexisting Injury & Illness Prevention Program (\u201cIIPP\u201d) or to create a standalone program specifically for housekeeping MSD risks.<\/p>\n

Regardless of its form, the MIPP must be available to covered employees on any shift.\u00a0 Notably, employees must also be able to access the MIPP electronically \u2014 a requirement that may pose a challenge to smaller establishments.<\/p>\n

The required elements of a housekeeping MIPP will be familiar to any employer that has developed an IIPP, which should already include:<\/p>\n