Can an OSHA compliance officer cite a nursing home facility for not implementing the guidelines?
No. The guidelines are completely voluntary. They are not a new standard or regulation and do not create any new OSHA duties. Under the OSH Act, the extent of an employer’s obligation to address ergonomic hazards is governed by the general duty clause, which requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm. An employer’s failure to implement the guidelines is not a violation, or evidence of a violation, of the general duty clause. OSHA has included language in the guidelines making it clear that the guidelines are strictly voluntary.
