In the previous post, we discussed how the Congress threw out OSHA’s 2001 “Ergonomics rule” and how, ever since then, OSHA has been looking for a way to get back in the Ergonomics Enforcement business.  (Not that OSHA has ever REALLY been out of the business; citations have been issued under the “General Duty Clause” before and since 2001.)  Under the current administration, there is expected to be a push for another new Ergonomics rule.

In what is viewed by some as “the camel’s nose under the tent“, in January, 2010, OSHA proposed adding a separate column on the OSHA 300 log for employers to record work-related musculoskeletal disorders (MSDs).  The rule also proposes the same definition of “MSDs” that OSHA had included in the initial 2001 final rule, and some say that this new definition is much more comprehensive and much more confusing than the traditional definition. 

OSHA is moving this Rule forward at what is, to a government agency, light speed.  The period for comments was only two months (now closed) and only one public hearing was held.

OSHA describes this proposed rule as a non-significant regulatory action involving only two small costs for employers. OSHA believes that:

1.  Employers - and specifically a human resources specialist - will be required to spend 5 minutes familiarizing themselves with the rule; and  

2.  Employers will need to spend one additional minute than they currently spend in analyzing an injury or illness to determine whether it should be classified as an “MSD” and put into the correct column on the new recordkeeping forms.

This may be true… but, after all, the camel’s nose is rather small and insignificant as well…

OSHA Press Release on the MSD recordkeeping rule:

http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=17124

Another more critical opinion on the matter:

http://www.nam.org/~/media/69BEB9300C684D7FA3054CC979D2BABA/Fact_Sheet_on_OSHAs_Proposed_Rulemaking_on_MSDs.pdf

Meanwhile, OSHA is continuing their plan for aggressive enforcement of ergonomic issues through the General Duty Clause, as discussed in this article:

http://ergonomicedge.wordpress.com/2010/04/30/oshas-new-ergonomic-regulation-hidden-in-plain-sight/

Most of your will recall that, in the final days of the Clinton administration, OSHA enacted a new Ergonomics Standard. This massive standard was quickly repealed by the Congress in 2001. The way the law is written, the repeal of an agency regulation also bars that agency from issuing a similar rule in the future. Because the repealed Standard was so broad and comprehensive, it has been thought that it would be difficult for OSHA to pass a new Ergonomics standard. This hasn’t stopped OSHA’s enforcement on ergonomics, and OSHA recently reported that the agency has issued 19 “General Duty Clause” citations for ergonomics since 2002.

Now, under the Obama administration, OSHA Ergonomics is getting another look… (more…)

The Swine Flu is spreading rapidly in the USA, and the workplace, where large numbers of people congregate, is a major factor in this spread, says the CDC. The CDC estimates that between 14 million and 34 million cases of 2009 H1N1 occurred between April and October 17, 2009. The mid-level in this range is about 22 million people infected with 2009 H1N1.

Swine Flu is costing employers countless millions of dollars in lost productivity, sick pay, medical costs, etc. There are, however, some things that you as an employer can do to reduce the spread of Swine Flu in your workplace. (more…)

Big changes are coming to the OSHA Hazard Communication Standard!

 

In 2003, the United Nations (UN) adopted the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The GHS includes criteria for the classification of health, physical and environmental hazards, as well as specifying what information should be included on labels of hazardous chemicals as well as safety data sheets. The United States was an active participant in the development of the GHS, and is a member of the UN bodies established to maintain and coordinate implementation of the system.

OSHA published a proposed rulemaking on September 30, 2009 to align OSHA’s Hazard Communication standard (HCS) with the GHS.

To make a long story short… (more…)