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The DeHaan Law Firm Law Ledger

US Labor Department’s OSHA temporarily withdraws proposed column for work-related musculoskeletal disorders, reaches out to small businesses

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Posted by Editor On January 27, 2011 In News

SOURCE: www.dol.gov

WASHINGTON — The U.S. Department of Labor’s Occupational Safety and Health Administration today announced that it has temporarily withdrawn from review by the Office of Management and Budget its proposal to restore a column for work-related musculoskeletal disorders on employer injury and illness logs. The agency has taken this action to seek greater input from small businesses on the impact of the proposal and will do so through outreach in partnership with the U.S. Small Business Administration’s Office of Advocacy.

“Work-related musculoskeletal disorders remain the leading cause of workplace injury and illness in this country, and this proposal is an effort to assist employers and OSHA in better identifying problems in workplaces,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “However, it is clear that the proposal has raised concern among small businesses, so OSHA is facilitating an active dialogue between the agency and the small business community.”

According to the Bureau of Labor Statistics, MSDs accounted for 28 percent of all reported workplace injuries and illnesses requiring time away from work in 2009.

The proposed rule would not change existing requirements about when and under what circumstances employers must record MSDs on their injury and illness logs. While many employers are currently required to keep a record of workplace injuries and illnesses, including work-related MSDs, on the OSHA Form 300 (Log of Work-Related Injuries and Illnesses), the vast majority of small businesses are not required to keep such records. The proposed rule would require those employers already mandated to keep injury and illness records, and to record MSDs, to place a check mark in the new column for all MSDs.

Prior to 2001, OSHA’s injury and illness logs contained a column for repetitive trauma disorders that included noise and many kinds of MSDs. In 2001, OSHA separated noise and MSDs into two columns, but the MSD column was deleted in 2003 before the provision became effective. This proposal would restore the MSD column to the Form 300.

OSHA and the U.S. Small Business Administration’s Office of Advocacy jointly will hold a meeting to engage and listen to small businesses about the agency’s proposal. Small businesses from around the country will be able to participate through electronic means, such as telephone and/or a Web forum. Details of the meeting will be announced within 30 days. OSHA also will conduct a stakeholder meeting with other members of the public if requested.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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The DeHaan Law Firm is focused on long-term (permanent) disability law including Individual Disability Insurance Policies, Employer Sponsored Benefit (ERISA) Plans, and the Federal Employee Retirement System (FERS).

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