OSHA Reopens Public Record and Seeks Limited Comments on Proposed Musculoskeletal Disorder Column on Injury and Illness Log

Posted on May 16, 2011 by Workplace Safety Practice Group

The Occupational Safety and Health Administration has announced (pdf) that it will reopen the public record and solicit limited comments on the proposed rule that would restore a column to the Form 300 Injury and Illness Log that employers would have to check if an incident they already have recorded under existing rules involves a musculoskeletal disorder (MSD) injury. The proposed rule, which was issued in January 2010, would also require employers to record these MSD totals on the OSHA Form 300A Annual Summary.

After temporarily withdrawing this controversial proposal in January of this year, the agency announced its plans to conduct a series of telephone conferences to allow small businesses to provide information about their experiences in recording work-related MSDs and how they believe the proposed rule would impact them. A summary of the comments made at the teleconferences, held on April 11 & 12, can be found here.

OSHA’s request for comments is limited to the information provided and issues raised during the teleconferences. According to the notice to be published in the May 17, 2011 edition of the Federal Register, “OSHA will carefully review and evaluate the comments, information, and the data received in [sic] during this limited reopening as well as all other information in the rulemaking record, to determine how to proceed.”

In a statement, OSHA’s Assistant Secretary of Labor David Michaels said: “OSHA is eager to hear from the public on this, and every, proposed rule,” adding: “The more feedback the agency receives from small businesses on this topic, the better informed we will be in crafting a proposed regulation that protects workers without overburdening employers.”

Comments must be received by June 16, 2011. Comments may be submitted electronically through the federal eRulemaking portal, via facsimile if fewer than 10 pages to: (202) 693-1648, or by mail or hand-delivery to: OSHA Docket Office, Docket Number OSHA-2009-0044, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210.

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OSHA Temporarily Withdraws Proposal to Reinstate Musculoskeletal Disorder Column to Injury and Illness Recordkeeping Log

Posted on January 25, 2011 by Ilyse Schuman

The Occupational Safety and Health Administration (OSHA) has announced that it is temporarily withdrawing its proposal to restore a column to the OSHA Injury and Illness (Form 300) Log that employers would use to record work-related musculoskeletal disorders (MSD). The agency issued a proposed rule to amend its recordkeeping requirements to include the MSD column last January. According to the announcement, OSHA is doing so in order to “seek greater input from small businesses on the impact of the proposal . . ."  While expressing concern that MSD “remain the leading cause of workplace injury and illness in this country,” OSHA’s Assistant Secretary of Labor David Michaels acknowledged that the proposal “has raised concern among small businesses, so OSHA is facilitating an active dialogue between the agency and the small business community." To that end, Michaels said OSHA and the U.S. Small Business Administration's Office of Advocacy will hold a public meeting to solicit further comment on the proposal.

This notice comes on the heels of yet another OSHA proposed rule withdrawal. Last week, the agency announced that it was rescinding its proposed interpretation of the phrase “feasible administrative or engineering controls” as it is used in the agency’s General Industry and Construction Occupational Noise Exposure standards because of concern voiced by the business community. Both withdrawals follow President Obama’s recent executive order and memoranda to federal agencies directing rulemakers to consider how regulations impact small businesses and economic development.

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