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OSHA Law Blog

OSHA Temporarily Withdraws MSD Column Rule From OMB Review

The Department of Labor has just announced that OSHA is temporarily withdrawing from review by the Office of Management and Budget (OMB) its proposed rule to restore a column for musculoskeletal disorders (MSDs) on employer injury and illness logs.

The rule, originally proposed last year, would have required employers to “check a box” in a separate column on the OSHA 300 log – an “MSD” column – for injuries and illnesses that fit within the Agency’s proposed definition.  OSHA also proposed to remove existing language from its recordkeeping compliance directive that “minor musculoskeletal discomfort” is not recordable as a restricted work case “if a health care professional determines that the employee is fully able to perform all of his or her routine job functions, and the employer assigns a work restriction for the purpose of preventing a more serious injury.”    

OSHA’s proposal had been stuck at OMB for several months, causing many stakeholders to question when or if a final rule would be issued.  In a press release announcing the withdrawal, OSHA cites the need to seek greater input from small businesses on the impact of the proposal.  OSHA "will do so through outreach in partnership with the U.S. Small Business Administration’s Office of Advocacy."