Amend Section 5110 to read:
§5110. Repetitive Motion Injuries.
- (a) Scope and application. This section shall apply to a job, process, operation where a
repetitive motion injury (RMI) has occurred to more than one employee under the following
- (1) Work related causation. The repetitive motion injuries (RMIs) were predominantly
caused (i.e. 50% or more) by a repetitive job, process, or operation;
- (2) Relationship between RMIs at the workplace. The employees incurring the RMIs were
performing a job process, or operation of identical work activity. Identical work activity
means that the employees were performing the same repetitive motion task, such as but not
limited to word processing, assembly or, loading;
- (3) Medical requirements. The RMIs were musculoskeletal injuries that a licensed
physician objectively identified and diagnosed; and
- (4)Time requirements. The RMIs were reported by the employees to the employer in the
last 12 months but not before July 3, 1997.
Exemption: Employers with 9 or fewer employees.
* * *
Note: Authority cited: Sections 142.3 and 6357, Labor Code. Reference: Sections 142.3
and 6357, Labor Code; Pulaski v. Occupational Safety & Health Stds. Bd. (1999)
75 Cal.App.4th 1315 [90 Cal. Rptr. 2d 54].