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.

Photo credit: style-photographs
Tags: , , ,
  • Email This
  • Print
  • Trackbacks
  • Share Link

OSHA to Hold Teleconferences on Musculoskeletal Disorder Reporting Proposal

Posted on March 23, 2011 by Ilyse Schuman

In order to gather information from small businesses on the possible effects of the agency’s proposal to restore a column to the OSHA Form 300 Injury and Illness Log that would require employers to record work-related musculoskeletal disorders (MSD), the Occupational Safety and Health Administration has announced that it will hold a series of teleconferences to discuss the issue. The proposal, which OSHA temporarily withdrew in January, would revise Form 300 to include a column for employers to check if a case they already are required to record involves a MSD. In addition, the proposal would require employers to record these MSD totals on the OSHA Form 300A Annual Summary. The stated purpose of the three teleconferences is 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.

The teleconferences will be held on Monday, April 11, 2011 at 1:30 p.m. EST, and on Tuesday, April 12, 2011 at 9 a.m. and 1:30 p.m. EST. Each teleconference is expected to last about 2 to 3 hours. Those interested in participating must contact Regina Powers at powers.regina@dol.gov by April 4, and indicate the teleconference in which they wish to participate. The Small Business Administration’s Office of Advocacy and OSHA will chose the participants from the pool of applicants, although members of the public may listen in on the meetings in person at OSHA's Washington, D.C. office at 200 Constitution Ave., NW, Washington D.C. 20210, Room N-3437 C & D.

The selected participants will be given background information and a list of issues for discussion in advance of the teleconference. More information on the teleconferences can be found here.

Photo credit: fluxfoto

Tags: , , , ,
  • Email This
  • Print
  • Trackbacks
  • Share Link

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.

Photo credit: borisyankov

Tags: , , , , ,
  • Email This
  • Print
  • Trackbacks
  • Share Link

OSHA's Proposed Rule Would Require Employers to Keep Track of Musculoskeletal Disorders

Posted on January 28, 2010 by Ilyse Schuman

Hand checking off a box on a clipboardThe Occupational Safety and Health Administration (OSHA) will publish in tomorrow’s Federal Register a proposed rule (pdf) that revises its current Occupational Injury and Illness Recording and Reporting (Recordkeeping) requirements to restore a column to the OSHA 300 Log that employers would use to record work-related musculoskeletal disorders (MSD). This column for MSD was initially included in the 2001 Recordkeeping final regulation, but was deleted before it became effective. OSHA is seeking to reintroduce this reporting requirement, as it believes that the information generated from the MSD column will, among other things, improve the “accuracy and completeness” of national occupational injury and illness statistics, and “provide valuable and industry specific information to assist OSHA in effectively targeting its inspection, outreach, guidance and enforcement efforts to address workplace MSDs,” in addition to helping employers identify the incidence of such injuries.

In proposing this rule, the Agency emphasizes that the new requirement is to improve information gathering only. According to OSHA, the proposal would not require employers to take any action other than to check the MSD column on the OSHA 300 log if a work-related MSD case occurs that meets the general recording requirements of the Recordkeeping regulation. OSHA further stresses that unlike OSHA standards, the proposed rule does not require employers to implement controls to prevent and manage employee exposure to an identified occupational hazard. However, this action could also be seen as laying the foundation for eventual rulemaking on ergonomics. A controversial Clinton Administration ergonomics rule was later negated by Congress under the Congressional Review Act.

Comments on this proposed rule must be received by March 15, 2010. OSHA also intends to hold a public meeting on this proposed rule from 9 a.m. to 5 p.m. on March 9, 2010 at the U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 in C 5320, Room 6. Requests to speak at the public meeting must be made by February 16, 2010. Written requests may be sent or hand-delivered to OSHA Docket Office, Docket Number OSHA-2009-0044, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. In the alternative, comments may be submitted electronically via the Federal eRulemaking Portal: http://www.regulations.gov, or by facsimile at (202) 693-1648 if the comments are no longer than 10 pages. All comments must contain either the identification number OSHA-2009-0044 or the regulatory information number (RIN) 1218-AC45.

Photo credit: style-photographs
Tags: , , , ,
  • Email This
  • Print
  • Trackbacks
  • Share Link