Quick Hits

• Employers are required to comply with all aspects of the law by the June 1, 2025, effective date.
• The definition of “musculoskeletal injuries and disorders” was replaced by “work-related musculoskeletal disorders,” making it clear that the musculoskeletal disorder must be work-related.
• The amendment expands who is qualified to conduct the worksite evaluation.
• Employee input is required in worksite evaluations.

Expanded Definitions

The amendments expand the definition of “musculoskeletal injuries” to now cover “work-related musculoskeletal disorders” affecting “the muscles, nerves, tendons, ligaments, joints, cartilage of the body’s musculoskeletal system including the muscles, nerves, tendons, ligaments, joints, cartilage and spinal discs of the upper and lower limbs, neck, shoulders, and back.”

Specifically, the amended definition covers “work-related conditions,” such as injuries, illnesses, or disorders that:

• are caused by exposures while working that either significantly cause or contribute to the resulting condition or that exacerbate a preexisting condition;
• are caused by ergonomic risk factors, including, but not limited to, “rapid pace, forceful exertions, extreme or static postures, repetitive motions, direct pressure, contact stress, vibration or cold temperatures;” or
• do not occur because of workplace accidents, such as slips, trips, and falls.

The amendment also uses the term “competent person” to expand the category of qualified individuals who can draft a worksite evaluation. A “competent person” is anyone “capable of performing a job hazard assessment to identify and assess existing and predictable ergonomic risk factors” that may cause or contribute to musculoskeletal disorders. The term “competent person” is not limited to ergonomists, but also includes industrial hygienists, certified safety professionals, or other health and safety professionals who are academically qualified or possess extensive knowledge and training in managing workplace injury risks.

Injury Reduction Programs

Covered employers are still required by the law to implement an injury reduction program to minimize the risk of work-related musculoskeletal disorders. Employers must ensure not only that every job, process, or operation of work activity is covered (or a representative number thereof), but also that every shift is covered as well.

Worksite Evaluations

Prior to the amendment, worksite evaluations were required only to “obtain recommendations” from workers, whereas now they “shall incorporate input” from workers “either directly or through an employee-led workplace safety committee.” This suggests that employee input must be expressly recorded in the written worksite evaluation that is required in any injury reduction program.

The amendment also removes the requirement that a certified ergonomist evaluate the worksite and replaces the evaluator with a competent person. The competent person is responsible for identifying risk factors, including “rapid pace, forceful exertions, extreme or static postures, repetitive motions, direct pressure, contact stress, vibration, or cold temperatures” that may or could cause work-related musculoskeletal disorders. Existing, active workplace safety committees formed through collective bargaining may also review or conduct worksite evaluations, so long as the committee is maintained “in conjunction with an injury prevention program that fully complies with the federal Occupational Safety and Health Act.”

A board-certified ergonomist is required to review the written worksite evaluation when either an employee-led workplace safety committee files a written request to the employer “based upon a material concern related to the findings of a competent person,” or, in the absence of an active employee-led workplace safety committee, when “any employee-led committee makes a formal recommendation based upon a material concern” related to the worksite evaluation findings.

On-Site Treatment

The amendment clarifies that the on-site treatment requirements under the law are not limited to medical offices or first aid stations but rather any location staffing medical professionals that treat warehouse workers “for symptoms of work-related musculoskeletal disorders.”

Key Takeaways

The amendment follows New York’s focus on workplace safety in specific industries. Recently, Governor Hochul signed into law amendments to the Retail Worker Safety Act, and the New York Assembly introduced Assembly Bill (A) No. 4936, proposing new workplace violence prevention duties for public employers.

With the law’s June 1, 2025, effective date quickly approaching, covered employers may want to consider drafting their injury reduction programs now.