The Occupational Safety and Health Administration (OSHA) proposed on Jan. 29 to revise the Occupational Injury and Illness Recording and Reporting regulation to restore a column to the OSHA 300 Log that employers would use to record work-related musculoskeletal disorders (MSD). If finalized, the proposal would require employers to place a check mark in the MSD column if the injury met the regulatory definition. MSD is defined as "disorders of the muscles, nerves, tendons, ligaments, joints, cartilage and spinal discs, except those caused by slips, trips, falls, motor vehicle accidents or other similar accidents."
OSHA had originally proposed to include a MSD column as part of its 2001 recordkeeping rule, but delayed implementation due to the agency's intent to develop a comprehensive plan to address ergonomic hazards. This rule proved to be very controversial and was opposed by most industry groups including AAIA. In 2002, OSHA further decided not to implement an all-industry standard, but instead determined to develop industry-targeted guidelines, enforcement measures and workplace outreach. In 2003, OSHA concluded that the MSD column was not necessary or supported by the record.
OSHA has now determined to require recordkeeping based on recommendations from the Advisory Committee on Construction Safety and Health (ACCSH), which voted unanimously on Dec. 11, 2009 for OSHA to add an MSD column to the OSHA 200 and 300A recordkeeping forms.
In its Jan. 29 proposal, OSHA stated that restoring the MSD column "would provide valuable information for maintaining complete and accurate national occupational injury and illness statistics; assist OSHA in targeting its inspection, outreach, guidance and enforcement efforts to address MSDs; and provide easily identifiable information at the establishment level that will be useful for both employers and employees." OSHA also contends that the data would improve national statistics on MSDs and would permit the Bureau of Labor Statistics to better analyze the magnitude of the MSD problem and trends over time in the country and in specific industries. It is also likely that the information being obtained from the logs will help OSHA build a case for re-proposing ergonomic industry standards similar to the one that was strongly opposed by the industry in 2001.
Comments on the proposal must be submitted to OSHA by March 15, 2010. OSHA will hold a public meeting on the proposed rule from 9 a.m. to 5 p.m. on March 9, 2010.
Click here for a copy of the proposal.