The Occupational Safety and Health Administration (OSHA) Jan. 29 issued a notice of proposed rulemaking that would revise the OSHA Form 300 to include a reporting requirement for musculoskeletal disorders (MSD).
The proposed rule would amend OSHA’s recordkeeping regulation and, according to OSHA, would not require employers to implement any controls in the work place.
MSDs are, according to OSHA Deputy Assistant Secretary Jordan Barab, “one of the biggest worker health and safety problems in this country.” The agency defines MSDs as “disorders for the muscles, nerves, tendons, ligaments, joints, cartilage and spinal discs, except those caused by slips, trips, falls, motor vehicle accidents or other similar accidents.” Under the proposed rule, MSDs would qualify as recordable if the disorder is work-related, a new case, and meets one or more of the general recording criteria (e.g. restricted work, job transfer, days away from work, etc.).
Musculoskeletal disorders were first placed on the Form 300 by a rule issued in 2001. It was subsequently rescinded in 2003 before it could become effective, as a result of a settlement between OSHA and employer groups. The new proposed rule would implement requirements identical to the 2001 rule.
There is concern among employer groups that the data collected through this rule will eventually lead to mandatory ergonomics standards, although OSHA has insisted that the rule is not a precursor to eventual ergonomics regulations, and that the agency is merely restoring the provisions of the 2001 rule. OSHA leadership has publicly stated that it has no plans to regulate ergonomics, citing its inability to explicitly regulate ergonomics without congressional approval. However, OSHA is allowed to cite employers for ergonomics violations under the General Duty Clause of the Occupational Safety and Health Act, and the current administration has voiced an interest in doing so.
Employer groups are also concerned that OSHA’s cost estimates of the proposed rule of $4.00 per employer in the first year and 67 cents each year following, are much too low. In addition, the agency estimates that rule would only cost each employer an extra six minutes of work in the first year and 1 minute each following year.
OSHA is seeking input, including whether the proposed rule should be finalized, any necessary updates to the definition of MSD, and any economic impact anticipated for small businesses. ABC plans to file comments by the March 15 deadline.
In addition, OSHA is holding a public meeting March 9 to discuss the proposed rule.
For more information, contact Sean Thurman at ABC,
thurman@abc.org.