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/

1 Comment »

1. 

   Very Interesting!
   Thank You

   Comment by Peadigrargo — September 7, 2010 @ 9:13 AM

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