§ 789. Injury reduction program. 1. Every employer subject to this\nsection shall establish and implement an injury reduction program\ndesigned to identify and minimize the risks of work-related\nmusculoskeletal disorders among workers involved in performing manual\nmaterials handling tasks. The program shall include: worksite\nevaluation; control of exposures, including ergonomic risk factors such\nas pace, which have caused or have the potential to cause work-related\nmusculoskeletal disorders; employee training; on-site medical and first\naid practices; and employee involvement.\n 2. The employer shall ensure that each job, process, shift or\noperation of work activity covered by this section or a representative\nnumber of such jobs, processes, shifts or operations of identical work\nactivities shall be addressed by its injury reduction program. Unless\notherwise exempted under this act, the employer shall have a written\nwork site evaluation by a competent person for risk factors which have\nor are likely to cause work-related musculoskeletal disorders. Such risk\nfactors shall include, but are not limited to, rapid pace, forceful\nexertions, extreme or static postures, repetitive motions, direct\npressure, contact stress, vibration, or cold temperatures that had\ncaused or are likely to cause work-related musculoskeletal disorders.\n (a) Any worksite evaluations shall also determine whether any\nemployees exposed to such risk factors are subject to either personnel\naction with the potential for adverse action, or adverse action or\ntermination themselves, arising in whole or in part from an employer's\nuse of quotas to determine employee assignments.\n (b) All such worksite evaluations shall incorporate input from workers\nwho regularly perform those jobs, either directly or through an\nemployee-led workplace safety committee, on the possible risk factors\nand any workplace changes that can reduce such risk factors.\n (c) Copies of such worksite evaluations shall be made available to\nworkers and their representatives upon request, at no cost, within one\nbusiness day of such request. Workers and their representatives shall be\nnotified in writing of the results of the worksite evaluation. Employers\nshall maintain accessible copies of such evaluations at locations within\nthe warehouse and shall make such copies readily available to workers.\n (d) An initial worksite evaluation shall be conducted. Worksite\nevaluations shall be reviewed and updated at least annually. A new\nanalysis of risk factors shall be conducted in accordance with the\nprovisions of subdivision one of this section whenever a new job,\nprocess, or operation is introduced which could increase the risk\nfactors for work-related musculoskeletal disorders. Such new analysis\nshall be conducted within thirty days of the creation or change of a\njob, process or operation.\n (e) A worksite evaluation must be reviewed by a board certified\nergonomist when an employee-led workplace safety committee makes a\nwritten request to the employer based upon a material concern related to\nthe findings of a competent person. Where there is no active\nemployee-led workplace safety committee, a worksite evaluation must be\nreviewed by a board certified ergonomist when any employee-led committee\nmakes a formal recommendation based upon a material concern related to\nthe findings of a competent person.\n 3. The employer shall correct in a timely manner any risk factors\nidentified as having caused or being likely to cause work-related\nmusculoskeletal disorders. For any corrections which require more than\nthirty days to complete, the employer shall revise, as needed, and\nprovide a schedule for such proposed corrections. Such schedule shall be\nincluded in the evaluations provided to workers and their\nrepresentatives.\n (a) Where the employer demonstrates that it is unable to eliminate\nidentified risk factors, the employer shall minimize the exposures to\nthe
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