OSHA Recordkeeping Handbook - Msabc.net

§1904.12current survey was designed and implemented withthe support and assistance of the safety and healthcommunity and the 40 participating States to capturedetailed information on the most severe cases. (SeeBLS Handbook of Methods, Ch. 9, OccupationalSafety and Health Statistics) The statistical system, ofwhich the survey is a part, fulfills the statutoryrequirement to ‘’compile accurate statistics on workinjuries and illnesses,” 29 U.S.C. 673, by producingdata on the overall number and incidence rate ofinjuries and illnesses, by industry, and by providingdetailed statistics on case characteristics of occupationalinjuries and illnesses, that result in days awayfrom work, including MSDs, to assist in the understandingand prevention of these disabling cases.The system is not currently designed to gather separatestatistics on the incidence rates of specificinjuries or illnesses.Nothing in the record demonstrates that BLSshould treat MSDs differently from other injuries andillnesses by publishing separate statistics on allrecordable cases of these disorders. OSHA does notbelieve that MSDs are fundamentally different, forstatistical purposes, from bruises, cuts, lacerations,burns and other common injuries which may or maynot result in days away from work depending onseverity. As discussed above, the national statisticspresent a detailed picture of the MSD problem on avariety of levels. These data are both accurate anduseful. Accordingly, OSHA concludes that there is nojustification for the MSD column on the Log.Consultation With NACEWhile the Agency concludes that the MSD column onthe Log would not produce significantly more accurateor useful statistics, it is committed to exploring othermeans of improving the information available onMSDs and effectively utilizing this information toreduce ergonomic-related injuries and illnesses in theworkplace. As part of the comprehensive approach foraddressing MSD hazards, the Department has createdthe National Advisory Committee on Ergonomics(NACE) to advise the Assistant Secretary of Labor forOccupational Safety and Health on ergonomic guidelines,research, and outreach assistance. The Agencyhas indicated that it will seek advice from NACE in thefollowing areas: (1) The development of various industryor task-specific guidelines; (2) identification of gapsin the existing research base related to applyingergonomic principles to the workplace; (3) current andprojected research needs and efforts, including informationprovided by NIOSH; (4) methods of providingoutreach and assistance that will communicate thevalue of ergonomics to employers and employees, and(5) ways to increase communication among stakeholderson the issue of ergonomics. As part of this effort,the Agency intends to seek input from NACE on how tocharacterize the variety of ergonomic-related injuries inthe workplace in ways that will be most useful in helpingemployers and others to solve ergonomic problems.NACE’s expertise will also be useful in advisingthe Agency on ways in which statistics on these injuriescan be used effectively in developing guidelines and inproviding outreach and assistance on ergonomics toemployers, employees and stakeholders.C. Deletion of 29 CFR 1904.12 and Related ProvisionsHaving concluded that an MSD column on the Log isunnecessary, OSHA believes that section 1904.12should be deleted. The sole purpose of that sectionwas to establish the requirement for employers tocheck the MSD column for cases meeting the definitionof MSD. In view of this determination, it is notnecessary to consider whether the definition of MSDin Section 1904.12 would be appropriate if a columnwere needed, or whether alternative definitionswould be appropriate. The deletion of Section1904.12 relieves employers from the legal requirementto check the column; however, it has no effecton their obligation to record all cases meeting therequirements of Sections 1904.4–1904.7. In a relatedmatter, some of the privacy provisions of Part 1904relied upon the MSD definition from Section 1904.12.Specifically, paragraph 1904.29(b)(7)(vi) of the rulestates that employers must consider an illness caseto be a privacy concern case, and withhold theemployee’s name from the forms, if the employeeindependently and voluntarily requests that his orher name not be entered on the Log. The secondsentence of the paragraph states ‘’[m]usculoskeletaldisorders (MSDs) are not considered privacy concerncases.’’ Because Section 1904.12 is being deleted,there is no basis to implement the requirement inSection 1904.29(b)(7)(vi). Moreover, there was noexplanation for the special privacy treatment accordedMSDs in the preamble to the 2001 rule. Accordingly,OSHA is deleting the MSD requirement inSection 1904.29(b)(7)(vi) stating that MSD injuriesand illnesses are not to be considered privacy concerncases. These cases are covered by the generalrule on privacy cases. Therefore, when the employerhas categorized the case as an occupational illness,and the employee independently and voluntarilyrequests that his or her name not be entered on theOSHA 300 Log, the case will be considered a privacyconcern case.106OSHA RECORDKEEPINGHANDBOOK