The Details
Under the Act, a covered employer (one that directly or indirectly employs 100 or more employees at a single warehouse distribution center or 1,000 or more employees in at least one or more warehouse distribution centers in New York State) must:
- Develop a formal injury reduction program;
- Train employees on ways to reduce injuries;
- Work with employees to help identify and minimize the risks of musculoskeletal injuries in the workplace; and
- Have a qualified ergonomist provide an evaluation of risk factors that cause (or are likely to cause) musculoskeletal injuries by June 19, 2025.
The Injury Reduction Program
The injury reduction program should identify and minimize the risk of work-related musculoskeletal injuries and disorders. See the Act for further details.
An employer’s injury reduction program must include:
1. A Worksite Evaluation
A qualified ergonomist must evaluate each job, process or operation, and provide a written evaluation of risk factors that have caused (or are likely to cause) a musculoskeletal injury.
The evaluation must:
- Include risk factors that caused (or are likely to cause) a musculoskeletal injury. See the Act for further details.
- Determine whether the employees exposed to the risk factors are subject to:
- Be reviewed and updated annually, identifying new risk factors when found. Employees and their representatives can request to view the evaluations, and an employer must provide the evaluation to employees at no cost and within one business day of the request.
An employer must correct a risk factor within 30 days of identification, or provide a schedule for proposed corrections. The schedule must be included in the evaluations and provided to employees and their representatives.
Note: If an employer demonstrates it is unable to eliminate a risk factor, exposure to the risk factor must be minimized to the extent feasible.
2. Managed Control of Exposures Related to Musculoskeletal Injuries and Disorders
Under the Act, an employer must:
- Manage the control of exposures that cause, or may cause, musculoskeletal injuries, considering: 1) Engineering controls, redesigned workstations, providing adjustable fixtures or redesigning tools; and 2) Administrative controls, such as job rotation, reduced work pace or additional breaks.
- Document actions taken to control exposures and minimize risks and provide the records to employees and their representatives upon request.
3. Injury Reduction Training
Employers must provide injury reduction training to every employee involved in performing manual materials handling jobs at the worksite during normal work hours and with no loss of pay. Training must include the following on musculoskeletal injuries and disorders:
- Symptoms and the importance of detecting symptoms early;
- Risk factors and workplace exposure, such as hazards from excessive rates of work (and methods to reduce them) and engineering and administrative controls, including limitations on the pace of work and increased scheduled and unscheduled breaks;
- The employer’s program to identify risk factors and prevent musculoskeletal injuries and disorders (including summary protocols for medical treatment that are approved by the employer’s medical consultant);
- The rights and function of: 1) workplace safety committees and 2) employees to report risk factors, injuries, hazards or health and safety concerns; and
- Nonretaliation measures, including nondiscrimination policies and the disciplinary actions required when supervisors violate the Act or policy.
Note: Training required under the Act must be provided annually in a language and vocabulary that employees understand. Training must also be provided to supervisors.
4. On-site Medical and First Aid Station Staffing
Warehouses with on-site medical or first aid stations that treat musculoskeletal injuries and disorders are also required to follow certain medical staffing, consultation, and evaluation requirements under the Act. See the Act for further details.
5. Employee Involvement
The injury reduction program must consult employees and their designated representatives before and during the development and implementation of all aspects of the program, obtaining recommendations from employees that regularly perform manual materials handling jobs and tasks on the possible risk factors and workplace changes to help reduce risk factors.
Next Steps
- Review workplace safety policies and procedures.
- Train Supervisors on requirements under the Act.
- Develop an injury reduction program by June 1, 2025.
- Work with ergonomists to provide an evaluation of risk factors that cause, or are likely to cause, musculoskeletal injuries by June 19, 2025.
- ADP Risk and Safety resources can support you in creating injury prevention plans and may be able to assist in meeting other requirements. Please contact your Risk and Safety Consultant for further assistance.