February 7, 2011
Nation's Building News

The Official Online Weekly Newspaper of NAHB

OSHA Pulls Musculoskeletal Disorders Recording Rule for More Business Input

A proposal to restore a column on logs for work-related musculoskeletal disorders (MSD) on employer injury and illness has been temporarily withdrawn by the Occupational Safety & Health Administration (OSHA).

Working in partnership with the U.S. Small Business Administration's Office of Advocacy, OSHA took this action in order to seek greater input from small businesses on the proposal’s impact,

NAHB joined the Associated Builders and Contractors, the U.S. Chamber of Commerce and the National Association of Manufacturers last year to meet with OSHA and Office of Management and Budget (OMB) officials to discuss the effects this burdensome rule would impose on small businesses.

OSHA significantly underestimated the economic impact of the rule on a substantial number of small businesses, according to NAHB.

NAHB has voiced the concern that employers in the home building industry do not have the qualifications or expertise to analyze and diagnose MSDs. Evaluating each case would require employers to consult with qualified medical personnel, review medical records and reports and determine whether the MSD is new, work-related or otherwise recordable.

“OSHA’s definition of MSDs is too broad and will likely lead to recording situations where there is not an actual injury or it is not work-related,” said former NAHB Construction Safety and Health Committee Chairman Ray Rhodes, a home builder from Sanford, N.C. (To read a related story in the April 19, 2010 issue of Nation’s Building News, click here.)

"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 Dr. David Michaels, assistant secretary of labor for OSHA, in a Jan. 25 press release. "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."

The agency will most likely resubmit the proposal following further input from small businesses.

For more information, e-mail Rob Matuga, or call him at 800-368-5242 x8507; or contact Marcus Odorizzi, x8590.



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