HO-CHUNK NATION CODE (HCC)

HO-CHUNK NATION CODE (HCC)

TITLE 6 – PERSONNEL, EMPLOYMENT AND LABOR CODE

SECTION 8 – OCCUPATIONAL SAFETY AND HEALTH

PROGRAM ACT OF 2002

SUBSECTION 12 – ERGONOMICS PROGRAM

ENACTED BY LEGISLATURE: MAY 20, 2002

LAST AMENDED AND RESTATED: December 6, 2022

CITE AS: 6 HCC § 8-12

1. Authority. See basic document (Occupational Safety and Health Program Act).

2. Purpose. The purpose of this subsection to the Occupational Safety and Health Program Act is to

inform interested persons, including employees, that the Ho-Chunk Nation is committed to our

employees' comfort and well -being by identifying and correcting ergonomic risk factors on the job.

This subsection applies to all work operations. The Occupational Safety and Health Division

(OSHD) coordinates all safety and health programs for the Ho-Chunk Nation. The OSHD shall

review each facility Ergonomics Program and provide guidance, as needed.

1. Definitions.

a. “Action Trigger” means a job incident has occurred that meets both of the following

conditions:

(1) A Musculoskeletal Disorder (MSD) incident has occurred in that job.

(2) The employee’s job routinely involves, on one or more days a week, exposure to one or

more relevant risk factors as determined by the risk analysis.

b. “Administrative Controls” mean changes in the way that work in the job is assigned or

scheduled that reduce the magnitude, frequency, or duration of exposure to ergonomic risk factors.

Examples of administrative controls for MSD hazards include:

(1) Employee rotation.

(2) Job task enlargement.

(3) Alternative tasks.

(4) Employer-authorized changes in work pace.

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c. “Control MSD Hazards” mean to reduce MSD hazards to the extent that they are no longer

reasonably likely to cause MSDs that result in work restrictions or medical treatment beyond first

aid.

d. “Engineering Controls” mean physical changes to a job that reduce MSD hazards. Examples of

engineering controls include changing or redesigning workstations, tools, facilities, equipment,

materials, or process.

e. “Follow-up” means the process or protocols an employer or health care professional (HCP)

uses to check on the condition of an employee after a work restriction is imposed on that employee.

f. “Health Care Professional (HCP)” means physicians or other licensed health care professionals

whose legally permitted scope of practice allows them to provide independently or to be delegated

the responsibility to carry out some or all of the MSD management requirements of this Act.

g. “Job” means the physical work activities or tasks that an employee performs. This ordinance

considers jobs to be the same if they involve the same physical work activities or tasks, even if the

jobs have different titles or classifications.

h. “Musculoskeletal Disorder (MSD)” means a disorder of the muscles, nerves, tendons,

ligaments, joints, cartilage, blood vessels, or spinal discs. For purposes of this Act, this definition

only includes MSDs in the following areas of the body that have been associated with exposure to

risk factors: neck, shoulder, elbow, forearm, wrist, hand, abdomen (hernias only), back, knee, ankle,

and foot. Injuries arising from slips, trips, falls, motor vehicle accidents, or similar accidents are not

considered MSDs for the purposes of this Act.

i. “MSD Hazard” means the presence of risk factors in the job that occur at a magnitude,

duration, or frequency that is reasonably likely to cause MSDs that result in work restrictions or

medical treatment beyond first aid.

j. “MSD Incident” means an MSD that is work-related, and requires medical treatment beyond

first aid, or MSD signs or MSD symptoms that last 7 or more consecutive days after the employee

reports them to supervision. MSD signs are objective physical findings that an employee may be

developing an MSD. Examples of MSD signs are:

(1) Decreased range of motion.

(2) Deformity.

(3) Decreased grip strength.

(4) Loss of muscle function.

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k. “MSD Symptoms” mean physical indications that an employee may be developing an MSD.

For purposes of this Act, MSD symptoms do not include discomfort. Examples of MSD symptoms

are:

(1) Pain.

(2) Numbness.

(3) Tingling.

(4) Burning.

(5) Cramping.

(6) Stiffness.

l. “Personal Protective Equipment (PPE)” means equipment employees wear that provide a

protective barrier between the employee and an MSD hazard. Examples of PPE are vibrationreduction gloves and carpet layer’s kneepads.

m. “Problem Job” means a job that the employer has determined poses an MSD hazard to

employees in that job.

n. “Risk Factor” means, for the purpose of this Act, force, awkward posture, repetition, vibration,

and contract stress.

o. “Work Practice Controls” mean the change in the way an employee performs the physical

work activities of a job that reduce or control exposure to MSD hazards. Work practice controls

involve procedures and methods for safe work. Examples of work practice controls for MSD hazards

include:

(1) Use of neutral postures to perform tasks (straight wrists, lifting close to the body).

(2) Use of two-person lift teams.

(3) Observance of micro-breaks.

p. “Work-related” means that an exposure in the workplace caused or contributed to an MSD or

significantly aggravated a pre-existing MSD.

4. Policies and Requirements. The Ho-Chunk Nation shall implement this Ergonomics Program at

all facilities and sites to address the problem of musculoskeletal disorders (MSDs). MSDs are an

issue of increasing concern because they continue to rise in occurrence.

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a. Under this Subsection, teams of employees from each facility will evaluate jobs (see

Appendices A, B, and C) that they have identified as having “problem areas” and develop and

implement solutions to reduce job-related worker injury and illness.

b. Through this Ergonomics Program, the goal is to prevent the occurrence of work-related

musculoskeletal disorders by controlling or eliminating the risk factors, which cause them. This

program will ensure that all affected employees are aware of job-related risk factors and to provide

information and solutions to alleviate them. The Ho-Chunk Nation promotes continuous

improvement for the efficiency, comfort, and well-being of all employees through a team effort of

management and employee involvement.

c. The Nation shall not implement any policy or practice, which discourages employees from

reporting work related problems or issues covered by this Ergonomics Program or which results in

discrimination or reprisal against any employee who makes a report.

5. Injury/Medical Management.

a. Health care providers provide medical treatment for our employees with injuries or illnesses

relating to ergonomic factors. They have visited our facility and are familiar with our specific

workplace job procedures and the job risk factors.

b. The Nation encourages all employees to immediately report any symptoms of discomfort that

may be associated with their job duties. In most cases, employees are to report to their immediate

supervisor. Supervisors are responsible to recommend alternative work or medical evaluation for

injured or ill employees.

c. Supervisors record and file written reports from the first observation of illness or injury through all

subsequent follow-up activities. They are also responsible to forward information about the worker

injury or illness for recording on the OSHA 300 Injury and Illness Form. The supervisor may

recommend that the job receive an evaluation from the Healthcare Provider.

d. Procedures for entering an MSD-related injury/illness on the 300 Form as stated in 6 HCC § 818 Recordkeeping.

e. Work procedures that cause a worker injury or illness will be investigated and reported. This

documentation provides vital information for the identification of job related risk factors so that the

problems can be corrected before other injuries occur.

f. After a health care provider has treated an injured employee, the standard case management

and return to work procedures will be used to monitor the recovery process and their return to work.

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g. A list of light and restricted duty jobs that have low musculoskeletal risks shall be developed

in each facility. This list is a valuable resource for assigning duties to recovering employees until

they can resume their normal job functions.

h. After verification of an employee's job-related injury or illness the OSHD, along with the

Healthcare Provider, will review the plan and re-evaluate the workstations to determine if additional

practices, procedures, or redesign of the station could be implemented to prevent similar injuries.

6. Identifying Problem Jobs. There are several methods used to identify problem jobs that are most

likely to result in ergonomic disorders. The Occupational Safety and Health Division and the HoChunk Nation Insurance Division will initially review and periodically monitor Ho-Chunk Nation

injury and illness records such as the OSHA 300 form and workers' compensation data to identify

patterns of ergonomic-related injuries and illnesses.

a. Jobs shall be evaluated for the following risk factors:

(1) Rate and number of repetitions: performance of the same motion or motion patterns every

few seconds for more than two hours at a time.

(2) Postures and limb positions: fixed or awkward work postures such as overhead work,

twisted or bent back, bent wrist, stooping, or squatting, for more than a total of two hours.

(3) Vibration: use of vibrating or impact tools or equipment for more than a total of two hours.

(4) Loads/lifted: lifting, lowering, or carrying of anything weighing more than 25 pounds

(11.34 kg) more than once during the work shift.

(5) Loads/static: holding a fixed or awkward position with arms or neck for more than ten

seconds.

(6) Muscle forces: continually pulling or pushing objects.

(7) Work pace: piece rate or machine paced work for more than four hours at a time (legally

required breaks cannot be included when totaling the four hour limit).

b. OSHD will identify using Appendices A, B or C, as appropriate, those jobs at each facility or

site as having ergonomic risk factors.

c. OSHD shall participate in evaluating new equipment and processes for potential risk factors.

They shall also evaluate hand tools to determine if the designs are ergonomically suitable for the

intended use and appropriate for the workers who use them.

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7. Solutions. When a job, process, or equipment has been evaluated, the OSHD shall complete a risk

inventory checklist (Appendix A). Through this checklist, problems are identified for correction and

supervisors and employees in the affected areas are notified. The OSHD, in conjunction with those

affected employees, will develop possible solutions, choose the most appropriate, implement the

changes, and follow up to determine the effectiveness.

a. For each problem job that has been changed, a file of the improvements and changes

completed shall be maintained. The file shall contain documentation of the ergonomic-related

illnesses or injuries, the actual changes made, and any similar incidents that occurred after the

changes were implemented.

b. These files are kept at the facility in the office of Safety.

8. Employee Training. The Ho-Chunk Nation's management staff will receive copies of this

ordinance and train each employee who works at a job with exposure to specific risk factors and each

employee in a job where a work-related musculoskeletal disorder has been recorded.

a. The following ergonomic elements will be taught to all employees:

(1) How to recognize workplace risk factors associated with work-related musculoskeletal

disorders and the ways to reduce exposure to those risk factors.

(2) The signs and symptoms of work related musculoskeletal disorders, the importance of early

reporting, and medical management procedures.

(3) Reporting procedures and the person to whom the employee is to report workplace risk

factors and work-related musculoskeletal disorders.

(4) The process the Ho-Chunk Nation is taking to address and control workplace risk factors,

each employee's role in the process, and how to participate in the process.

b. Employees shall have the opportunity to practice and demonstrate proper use of implemented

control measures and safe work methods that apply to the job.

c. Each employee involved in job analysis will be trained in job analysis methods, especially as

they relate to identifying workplace risk factors, and evaluation and implementation of control

measures.

9. Compliance Time Frames. The following table will help determine when and if sections of this

Ergonomics Program apply.

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Action

Determine if a job meets the action trigger

Initiate MSD Management

Initiate Management Leadership and Employee

Participation

Initiate Job Hazard Analysis

Implement Initial Controls

Train current employees, supervisors, or team leaders.

Implement Permanent Controls

Evaluate Program

Discontinue your Ergonomics Program for a job,

except for maintaining controls and training related to

those controls.

Time Frame

Within 7 calendar days after determining that the

employee has experienced an MSD incident

Within 7 calendar days after determining that a job

meets the action trigger

Within 30 days after determining that a job meets the

action trigger.

Within 60 calendar days after determining that a job

meets the action trigger.

Within 90 calendar days after you determine that the

employee’s job meets the action trigger.

Within 90 calendar days after you determine that the

employee’s job meets the action trigger.

Within 2 years after you determine that a job meets

the action trigger.

Within 3 years after you determine that a job meets

the action trigger.

When you have reduced exposure to the risk factors

in that job to levels below those described in the basic

Screening tool.

10. Administration and Enforcement.

a. Constant awareness of and respect for ergonomic hazards and compliance with all safety rules

are considered conditions of employment. Supervisors and individuals in the Departments of

Personnel and Labor reserve the right to issue disciplinary warnings to employees, up to and

including termination, for failure to follow the guidelines of this Program.

b. Also see Section 12 of the Occupational Safety and Health Program Act.

Appendices:

A. General Ergonomics Risk Analysis Checklist

B. Workstation Checklist

C. Task Analysis Checklist

Legislative History:

1/9/02 Legislature posts for 45-day Public Review.

5/20/02 Enacted as Ergonomics (6 HCC § 8-12) by Legislative Resolution 5/20/02E.

9/29/22 Legislature posts for 45-Day Public Review.

12/6/22 Enacted 6 HCC § 8-12 as Ergonomics by Legislative Resolution 12-06-22E.

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APPENDIX A (GENERAL ERGONOMIC RISK INVENTORY CHECKLIST) TO

SUBSECTION 12 (ERGONOMICS PROGRAM) TO SECTION 8 (OCCUPATIONAL

HEALTH AND SAFETY PROGRAM ACT) TO TITLE 6 (PERSONNEL, EMPLOYMENT

AND LABOR CODE) OF THE HO-CHUNK NATION CODE (HHC)

GENERAL ERGONOMIC RISK INVENTORY CHECKLIST

Check the appropriate response if your answer is “yes” to the question.

A “yes” response indicates that an ergonomic risk factor may be present which requires further analysis.

1. Manual Material Handling

___ Is there lifting of loads, tools, or parts?

___ Is there lowering of tools, loads, or parts?

___ Is there overhead reaching for tools, loads, or parts?

___ Is there bending at the waist to handle tools, loads, or parts?

___ Is there twisting at the waist to handle tools, loads, or parts?

2. Physical Energy Demands

___ Do tools and parts weigh more than 10lbs?

___ Is reaching greater than 20 in.?

___ Is bending, stooping, or squatting a primary task activity?

___ Is lifting or lowering loads a primary task?

___ Is walking or carrying loads a primary task activity?

___ Is stair or ladder climbing with loads a primary task activity?

___ Is pushing or pulling loads a primary task activity?

___ Is reaching overhead a primary task activity?

___ Do any of the above tasks require five or more complex work cycles to be done within a minute?

___ Do workers complain that rest breaks and fatigue allowances are insufficient?

3. Other Musculoskeletal Demands

___ Do manual jobs require frequent repetitive motions?

___ Do work postures require frequent bending of the neck, shoulder, elbow, wrist, or finger joints?

___ For seated work, do reaches for tools and materials exceed 15 in. from the worker’s position?

___ Is the worker unable to change his or her position often?

___ Does the work involve forceful, quick, or sudden motions?

___ Does the work involve shock or rapid buildup of forces?

___ Is finger-pinch gripping used?

___ Do job postures involve sustained muscle contraction of any limb?

4. Environment

___ Is the temperature too hot or too cold?

___ Are worker’s hands exposed to temperatures less than 70° F?

___ Is the workplace poorly lit?

___ Is there glare?

___ Is there excessive noise that is annoying, distracting, or producing hearing loss?

___ Is there upper extremity or whole body vibration?

___ Is air circulation too high or too low?

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5. General Workplace

___ Are walkways uneven, slippery, or obstructed?

___ Is housekeeping poor?

___ Is there inadequate clearance or accessibility for performing tasks?

___ Are stairs cluttered or lacking railings?

___ Is proper footwear worn?

6. Tools

___ Is the handle too small or too large?

___ Does the handle shape cause the operator to bend the wrist to use the tool?

___ Is the tool hard to access?

___ Does the tool weigh more than 9 lb.?

___ Does the tool vibrate excessively?

___ Does the tool cause excessive kickback to the operator?

___ Does the tool become too hot or too cold?

7. Gloves

___ Do the gloves require the worker to use more force when performing job tasks?

___ Do the gloves provide inadequate protection?

___ Do the gloves present a hazard of catch points on the tool or in the workplace?

8. Administration

___ Is there little worker control over the work process?

___ Is the task highly repetitive and monotonous?

___ Does the job involve critical tasks with high accountability and little or no tolerance for error?

___ Are work hours and breaks poorly organized?

NAME OF EMPLOYEE: ______________________________________________________

POSITION HELD: ___________________________________________________________

DEPARTMENT: _____________________________________________________________

SUPERVISOR: ______________________________________________________________

PERSON TAKING INVENTORY: ______________________________________________

DATE OF INVENTORY: ______________________________________________________

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APPENDIX B (WORKSTATION CHECKLIST)

WORKSTATION CHECKLIST

“No” responses indicate potential problem areas that should receive further investigation.

1. Does the workspace allow for full range of movement?

YES

NO

2. Are mechanical aids and equipment available?

YES

NO

3. Is the height of the work surface adjustable?

YES

NO

4. Can the work surface be tilted or angled?

YES

NO

- Bending or twisting at the waist?

- Reaching above the shoulder?

- Full extension of the arms?

- Raised elbows?

6. Are the workers able to vary posture?

YES

YES

YES

YES

YES

NO

NO

NO

NO

NO

7. Are the hands and arms free from sharp edges on work surfaces?

YES

NO

8. Is an armrest provided where needed?

YES

NO

9. Is a footrest provided where needed?

YES

NO

10. Is the floor surface free of obstacles?

YES

NO

11. Are cushioned floor mats provided for employees required to stand for long

periods?

YES

NO

12. Are chairs or stools easily adjustable and suited to the task?

YES

NO

13. Are all task elements visible from comfortable positions?

YES

NO

14. Is there a preventive maintenance program for mechanical aids, tools, and other

equipment?

YES

NO

5. Is the workstation designed to reduce or eliminate;

Name of employee: __________________________

Workstation: _______________________________

Job Position: ________________________________

Person taking Inventory: ______________________

Date of Inventory: ____________________________

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APPENDIX C (TASK ANALYSIS)

TASK ANAYLYSIS

“No” responses indicate potential problem areas that should receive further attention.

1. Does the design of the primary task reduce or eliminate

- Bending or twisting of the back or trunk?

- Crouching?

- Bending or twisting the wrist?

- Extending the arms?

- Raised elbows?

- Static muscle loading?

- Clothes wringing motions?

- Finger pinch grip?

2. Are mechanical devices used when necessary?

3. Can the task be done with either hand?

4. Can the task be done with two hands?

5. Are pushing or pulling forces kept minimal?

6. Do the workers perceive/judge required force acceptable?

7. Are the materials

- Able to be held without slipping?

- Easy to grasp?

- Free from sharp edges and corners?

8. Do containers have good handholds?

9. Are jigs, fixtures, and vises used where needed?

10. As needed, do gloves fit properly and are they made of the proper fabric?

11. Does the worker avoid contact with sharp edges when performing the task?

12. When needed, are push buttons designed properly?

13. Do the job tasks allow for ready use of personal equipment that may be required?

14. Are high rates of repetitive motion avoided by

- Job rotation?

- Self-pacing?

- Sufficient pauses?

- Adjusting the job skill level of the worker?

15. Is the employee trained in

- Proper work practices?

- When and how to make adjustments?

- Recognizing signs and symptoms or potential problems?

Name of employee: ______________________________________________

Workstation: ___________________________________________________

Job Position: ___________________________________________________

Person taking Inventory: _________________________________________

Date of Inventory: _______________________________________________

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Yes

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No

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