Exercise Regime Constitutes Medical Treatment for OSHA Recordability

Posted on October 20, 2011 by Brad Hammock

Following its recent interpretation that "therapeutic exercise" constitutes medical treatment for OSHA recordability purposes, OSHA has now stated that an exercise regime recommended by a Certified Athletic Trainer for an employee who exhibits any signs or symptoms of a work-related injury involves medical treatment and is a recordable case.  OSHA made this interpretation in a letter recently posted on its website.

In the same letter, OSHA also provided guidance on whether specific types of exercise constitutes medical treatment.  OSHA states that if a Certified Athletic Trainer "utilizes stretching" to relieve symptoms of a work-related injury or illness, the "stretching" constitutes medical treatment.  OSHA also states that a written home exercise program provided by a Certified Athletic Trainer for signs or symptoms of a work-related injury or illness constitutes medical treatment for recordkeeping purposes.

OSHA's interpretation is particularly important for musculoskeletal disorders (MSDs), as MSDs are often managed, in part, through exercise regimes.  OSHA does note in the letter that exercise given as a purely precautionary measure (i.e., before the onsite of signs or symptoms) would not qualify for recordability.  However, if an employee experiences any signs or symptoms of a work-related injury or illness -- even very early signs or symptoms -- exercise given to manage those signs or symptoms would constitute medical treatment for recordability purposes.

Employers should take note of this new interpretation and adjust their recordkeeping practices accordingly.     

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OSHA and the Construction Industry

Posted on October 7, 2011 by Brad Hammock

Click here for an interesting article from Construction Executive magazine on the OSHA landscape as it relates to the construction industry.

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OSHA Issues Three New Enforcement Directives

Posted on October 5, 2011 by Brad Hammock

During a particularly busy September, OSHA issued three new enforcement directives that employers should review:

Enforcement Procedures for Investigating or Inspecting Workplace Violence Incidents.  On September 8, 2011, OSHA issued its first ever directive instructing compliance officers on how to conduct inspections that occur as a result of workplace violence incidents.  The directive "clarifies and expands" OSHA policies in the area of workplace violence.  While OSHA has no specific standard addressing workplace violence, the Agency has stated that workplace violence is a recognized hazard and that it will utilize the General Duty Clause of the Occupational Safety and Health Act of 1970 to cite employers who do not take reasonable and appropriate steps to protect employees against workplace violence hazards.

Site-Specific Targeting 2011.  On September 9, 2011, OSHA issued its Site-Specific Targeting program (SST) for the coming year.  The SST is OSHA's "main programmed inspection plan for non-construction workplaces that have 20 or more employees."  Establishments are placed on OSHA's SST inspection list based upon information submitted to the Agency through its 2010 Data Initiative.  

Whistleblower Investigations Manual.  On September 20, 2011, OSHA published its revised Whistleblower Investigations Manual, superseding the 2003 version.  The Manual provides step-by-step instructions to OSHA investigators on how to conduct investigations under the numerous whistleblower statutes that OSHA enforces.  The revised Manual is part of a larger effort announced recently by OSHA to revamp its whistleblower protection program.

OSHA enforcement directives provide useful information regarding the conduct of inspections and, in some cases, underlying compliance obligations.  Employers are encouraged to take note of these new directives and make any needed adjustments to their safety and health policies as a result of their review.

       

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