The surge in e-commerce has led to a demand for rapid order fulfillment, which relies on workers in warehouses and last-mile delivery. However, injuries among warehouse and delivery workers have sharply increased. Research shows that warehouse and delivery workers had the highest rate of serious injuries and illnesses in all sectors in 2022, with 3.8 cases per 100 workers.
Many of these injuries included musculoskeletal disorders (MSDs) such as back pain and tendonitis, which often lead to workers' comp claims and missed work time. Additionally, warehouse workers and last-mile delivery drivers experienced injuries from contact with objects or equipment, as well as slips, trips, and falls.
What are the most common types of MSDs among warehouse and transport workers?
In California and across the nation, the most common types of MSDs among warehouse and transport workers include:
- Back strains and sprains caused by frequent lifting, bending, and twisting.
- Tendinitis from repetitive movements, such as scanning packages or moving items.
- Carpal tunnel syndrome from continuous gripping and repetitive wrist motions that compress the median nerve in the wrist.
- Rotator cuff injuries caused by lifting heavy items overhead or reaching repetitively.
- Knee injuries from constant kneeling, squatting, or heavy lifting strains.
- Neck strain from awkward postures, repetitive motions, or looking down frequently.
How does OSHA currently handle ergonomic hazards?
The Occupational Safety and Health Administration (OSHA) recognizes the dangers of ergonomic hazards in warehouses but lacks a specific ergonomics standard. After Congress repealed the agency’s original ergonomics standard in 2001, OSHA began relying on its General Duty Clause to address these issues. However, the clause has a high burden of proof, which has made enforcement challenging. OSHA faces several other hurdles in identifying ergonomic risks, including:
- Limited ergonomic training: Many OSHA compliance officers receive minimal training on ergonomic hazards.
- Unclear ergonomic guidance: Outdated guidelines make it difficult to address modern risks in warehouse settings.
- Difficulty linking injuries to hazards: Determining if an MSD resulted from an ergonomic issue can be challenging.
In 2024, OSHA launched a National Emphasis Program (NEP) to address these challenges, particularly for warehouse and delivery workers.
What recommendations have been made to improve OSHA’s approach?
The Government Accountability Office (GAO) issued several recommendations to help OSHA strengthen its approach to ergonomic hazards. Key recommendations include:
- Enabling compliance officers to access musculoskeletal disorder data during inspections.
- Making ergonomic training more accessible, possibly by making some courses mandatory.
- Revising and clarifying guidelines for assessing ergonomic hazards in warehouses.
- Ensuring companies that receive ergonomic hazard alerts take corrective action.
- Regularly assessing the NEP to identify areas for improvement.
While OSHA agrees with several GAO recommendations, it has expressed concerns about specific changes. For example, adding a column for musculoskeletal injuries on recordkeeping forms would require extensive regulatory revisions. However, Deputy Assistant Secretary James Frederick disagreed with GAO’s suggestion to provide industry-specific guidance, arguing that current guidelines are adequate for common ergonomic hazards.
Injured on the job? Contact a workers' comp lawyer
If you’re dealing with a work-related MSD in San Diego or anywhere in Southern California, don’t let the workers’ comp system leave you frustrated and short-changed. Robert A. McLaughlin, APC, is an experienced workers' compensation lawyer who has seen the toll MSDs take on workers. Our legal team knows how to get maximum compensation for workers with similar injuries.
We also offer legal representation to injured workers on a contingency fee basis, which means you pay nothing unless we win your case. Plus, we offer free and confidential consultations where you can ask questions, learn about your potential legal options, and discuss the specifics of your claim in further detail. To get started, contact us online or give us a call at one of our law offices in San Diego, Chula Vista, or Temecula.
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