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

The 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.

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