Employers oppose reporting musculoskeletal disorders

2/5/2010

OSHA is proposing employers report musculoskeletal disorders on Form 300 injury logs. Employer and business groups say they don’t like the idea because it is a prelude to mandatory workplace ergonomics standards. “While the department has indicated that they do not intend to pursue regulatory actions on an ergonomics standard, we see (that) the development and request for this data would definitely be part of those efforts to develop such,” said Keith Smith, director of employment and labor policy for the National Assn. of Manufacturers in Washington. He was quoted in a recent story on the issue by Business Insurance. The publication quotes similar sentiment from Marc Freedman, executive director for labor law policy at the U.S. Chamber of Commerce. “The only reason why OSHA would want to capture that data is to build a case for doing something on ergonomics. Whether it's a full-blown regulation or some other approach, we don't know. But it's abundantly clear they want that data for the purpose of moving forward on some approach regarding ergonomics,” he said. Business Insurance noted employers fought an ergonomics rule adopted during the Clinton administration which, among other measures, would have required employers to compensate employees unable to work because of musculoskeletal injuries. A Republican-led Congress rescinded the mandatory ergonomics standards rule during the Bush administration. OSHA says musculoskeletal injuries exact a heavy toll and must be addressed. Acting Assistant Secretary of Labor Jordan Barab says “musculoskeletal injuries are one of the biggest worker health and safety problem in this country.” But, he adds, the agency does not plan to impose a mandatory standard. Observers note just attempting to define musculoskeletal injuries can be controversial and determining whether a repetitive stress injury is work-related remains a very difficult challenge for employers. Employer and business groups have also voiced concern that OSHA is moving away from voluntary programs in favor of tougher enforcement. Business Insurance reports OSHA's 2010 budget has been increased to hire 130 new inspectors. “The messaging has been very strong that they will be ramping up enforcement” the Chamber's Mr. Freedman says. Other observers note that while it is unlikely cooperative programs would be eliminated, OSHA is likely under the new administration to take a tougher stance on egregious cases, settling them less often.