What Is 8 CCR §5110: Repetitive Motion Injury Program?

Every employer subject to this section shall establish and implement a program designed to minimize RMIs. The program shall include a worksite evaluation, control of exposures which have caused RMIs and training of employees.

What is 8 CCR §5110?

It is Cal/OSHA's rule for repetitive motion injuries, often shortened to RMIs, and it only switches on after a second worker in the same job gets hurt the same way.

Section 5110 does not cover every sore wrist or aching back on its own. It applies to a specific job, process, or operation once a doctor has diagnosed the same musculoskeletal injury, caused mainly (50 percent or more) by the repeated work, in more than one employee doing identical work. Both workers must have reported their injury to the employer within the last 12 months. Word processing, assembly, and repetitive loading or packing are the kinds of tasks the rule names as examples, the same tasks common on a food processing line or a factory floor. This guide covers food processing and packing line injuries. This guide covers factory and assembly line injuries. This rule traces back to the rulemaking power in Labor Code section 142.3, used to carry out a specific 1993 directive in Labor Code section 6357 ordering an ergonomics standard by January 1, 1995.

When does this ergonomics rule apply to a job?

Four things have to line up: the same job, the same diagnosed injury, mostly caused by the repeated task, and reported within the last year.

• Work-related causation. The repetitive job, process, or operation caused the injury at least half the time.
• Identical work activity. Both workers did the same repeated task, such as typing, assembly, or loading.
• A real diagnosis. A licensed physician identified the injury as a musculoskeletal condition.
• Timing. Both injuries were reported to the employer within the last 12 months, and not before July 3, 1997.

If a job meets all four, the rule covers every employee doing that same work, not only the two workers who were hurt first.

What must an employer do once the rule applies?

The employer has to study the job, fix or reduce what is causing the injury, and train the crew.

Section 5110(b) sets three duties:

• Worksite evaluation. Study the job, or a fair sample of similar jobs, to find what is causing the RMIs.
• Control the exposure. Fix the cause, or reduce it as much as realistic. That can mean a redesigned work station or tool, or a change like job rotation, slower pacing, or more breaks.
• Train the crew. Cover the program itself, the tasks linked to RMIs, the symptoms to watch for, why reporting matters, and what the employer is doing to cut the risk.

An employer who takes a reasonable step on each duty usually satisfies it, even if a different step might have worked better. That changes only if a worker can show a known, affordable alternative was substantially certain to cut the injuries by more.

Does your own claim depend on this program existing?

No. California workers' comp pays for a repetitive strain injury whether or not your employer ever built this program.

Section 5110 is a safety rule, not a condition of coverage. A repetitive motion injury almost always counts as a cumulative injury under Labor Code section 3208.1: harm that builds from repeated physical strain over time, rather than from one accident. This card explains that category in full. Your filing clock follows a separate rule, the discovery rule in Labor Code section 5412, which starts on the date you first felt disabled and knew, or should have known, that work caused it. This card walks through that discovery rule. Carpal tunnel syndrome is one of the most common diagnoses tied to this kind of repeated work. This guide covers how a carpal tunnel claim works.

What can you do if your employer never set up this program?

You can report it to Cal/OSHA, and you can still file a workers' comp claim either way.

A missing ergonomics program is a safety violation, not a reason to deny your benefits. This guide explains how to report it to Cal/OSHA. Separately, tell your employer about your symptoms in writing and see a doctor as soon as you can. The medical record linking your diagnosis to your job duties is what actually moves a workers' comp claim forward, not whether this specific safety program ever existed at your workplace.

Getting help with a repetitive strain injury claim

If work you do, or did, left you with a diagnosed repetitive strain injury, bring your medical records and a description of your daily tasks when you call. Yazdchi Law P.C., based in Palmdale, reviews each matter individually before deciding whether to take it on. Call (661) 273-1780 or use the contact form. The consultation costs nothing, and the attorney cost guide explains how a contingency fee works and why a judge has to sign off on it.