On January 28, OSHA announced that it would publish a proposed rule to revise its Occupational Injury and Illness Recording and Reporting regulation (29 CFR 1904) to restore a column to the OSHA 300 Log that employers would use to record work-related musculoskeletal disorders (MSD). This proposed rule would require employers to place a check mark in the MSD column, instead of the column they currently mark, if a case is an MSD that meets the Recordkeeping regulation’s general recording requirements. The proposal appeared in the Federal Register on January 29, 2010 (see attached document)..
Written comments on the proposal must be received or postmarked by March 15, 2010. OSHA will hold a public meeting on the proposed rule from 9 a.m. to 5 p.m. on March 9, 2010. If necessary, the meeting may be extended to subsequent days. Requests to speak at the public meeting and requests for special accommodation at the meeting must be submitted by February 16, 2010.
OSHA’s proposed regulatory language states:
2. A new §1904.12 is to be added to read as follows:
§ 1904.12 Recording criteria for cases involving work-related musculoskeletal disorders.
(a) Basic requirement. If any of your employees experiences a recordable work-related musculoskeletal disorder (MSD), you must record it on the OSHA 300 Log by checking the "musculoskeletal disorder" column.
(b) Implementation. (1) What is a "musculoskeletal disorder" or MSD? MSDs are disorders of the muscles, nerves, tendons, ligaments, joints, cartilage and spinal discs. MSDs DO NOT include disorders caused by slips, trips, falls, motor vehicle accidents, or other similar accidents. Examples of MSDs include: Carpal tunnel syndrome, Rotator cuff syndrome, De Quervain's disease, Trigger finger, Tarsal tunnel syndrome, Sciatica, Epicondylitis, Tendinitis, Raynaud’s phenomenon, Carpet layers knee, Herniated spinal disc, and Low back pain.
(2) How do I decide which MSDs to record? There are no special criteria for determining which MSDs to record. An MSD case is recorded using the same process you would use for any other injury or illness. If an MSD disorder is work-related, is a new case, and meets one or more of the general recording criteria, you must record the case as an MSD in the MSD column. The following table will guide you to the appropriate section of the rule for guidance on recording MSD cases.
(i) Determining if the MSD is work-related. See § 1904.5.
(ii) Determining if the MSD is a new case. See § 1904.6.
(iii) Determining if the MSD meets one or more of the general recording criteria:
(A) Days away from work, See §1904.7(b)(3);
(B) Restricted work or transfer to another job, See § 1904.7(b)(4); or
(C) Medical treatment beyond first aid. See § 1904.7(b)(5).
(3) If a work-related MSD case involves only subjective symptoms like pain or tingling, do I have to record it as an MSD? The symptoms of an MSD are treated the same way as symptoms for any other injury or illness. You must record the case on the OSHA 300 Log as an MSD if:
(i) An employee has pain, tingling, burning, numbness or any other subjective symptom of an MSD;
(ii) The symptoms are work-related;
(iii) The MSD is a new case; and
(iv) The case meets one or more of the general recording criteria.
(4) When do I have to start recording work-related MSDs on the MSD column? You must begin recording work-related MSDs on the MSD column as of January 1, 2011.
