OSHA to Require Recordkeeping
of Ergonomics Injuries
On January 29, OSHA issued its proposal that will require employers to document musculoskeletal disorders (MSD) as part of their injury and illness reporting requirements. The MSD column will be added to the OSHA 300 Log maintained under the Occupational Injury and Illness Recording and Reporting regulations (otherwise known as OSHA's recordkeeping regulations).
Comments are due by March 15, 2010. And, OSHA will hold a public meeting in Washington on the proposed rule on March 9, 2010. Requests to participate in the public meeting are due February 16, 2009 and may be faxed to (202) 693-1648. OSHA's contact is Veneta Chatmon in the Office of Communications: Chatmon.Veneta@dol.gov or (202) 693-1999.
All comments and requests to speak must reference docket number OSHA-2009-0044 or Regulatory Information Number (RIN) 1218-AC45.
Analysis for SBCRR Subscribers
Some of the same concerns small business stakeholders had with the ergonomics regulation proposed by OSHA Administrator Charles Jeffress in 1999 may be relevant to OSHA's current recordkeeping proposal. In particular, small business stakeholders should insist that OSHA clarify that only "work-related" MSDs be reported. OSHA must clearly define "MSD" so employers are not held responsible for injuries sustained by their employees playing sports and engaging in other activities during weekends and after-hours.
OSHA estimates that it will take employers less than 5 minutes to familiarize themselves with the proposed MSD reporting procedures. Additionally, OSHA estimates that it will take 1 minute to enter the information on the OSHA 300 Log. The small business community should make sure OSHA is aware of how much time they believe the new requirements will impose.
Key Documents
- OSHA's proposed rule (federal register notice in *pdf): click here
- OSHA's proposed rule (text of federal register notice): click here
- News article on OSHA's proposed rule: click here
- NAM's "ShopFloor " blog speculating that OSHA's proposed recordkeeping rule is the harbinger of a new ergonomics regulation: click here
About SBCRR
The Small Business Coalition for Regulatory Relief (SBCRR) is a coalition made up of small businesses and supporting organizations that are interested in federal regulatory developments. SBCRR provides coalition members with regular updates on regulatory proposals and opportunities for small business to provide input that can positively impact final agency decisions.
SBCRR Subscribers receive information and analysis in advance of the newsletter's web-posting. Additionally, subscribers receive analysis on regulatory proposals, regulatory alerts, and information tailored to their membership or interests. For more information on the cost and availability of an SBCRR subscription, please click here or contact Tom.Sullivan@nelsonmullins.com.
Contact:
Tom Sullivan
202.545.2909
tom.sullivan@nelsonmullins.com
The articles published in this newsletter are intended only to provide general information on the subjects covered. The contents should not be construed as legal advice or a legal opinion. Readers should consult with legal counsel to obtain specific legal advice based on particular situations.