The Occupational Safety and Health Administration has announced (pdf) that it will reopen the public record and solicit limited comments on the proposed rule that would restore a column to the Form 300 Injury and Illness Log that employers would have to check if an incident they already have recorded under existing rules involves a musculoskeletal disorder (MSD) injury. The proposed rule, which was issued in January 2010, would also require employers to record these MSD totals on the OSHA Form 300A Annual Summary.

After temporarily withdrawing this controversial proposal in January of this year, the agency announced its plans to conduct a series of telephone conferences to allow small businesses to provide information about their experiences in recording work-related MSDs and how they believe the proposed rule would impact them. A summary of the comments made at the teleconferences, held on April 11 & 12, can be found here.

OSHA’s request for comments is limited to the information provided and issues raised during the teleconferences. According to the notice to be published in the May 17, 2011 edition of the Federal Register, “OSHA will carefully review and evaluate the comments, information, and the data received in [sic] during this limited reopening as well as all other information in the rulemaking record, to determine how to proceed.”

In a statement, OSHA’s Assistant Secretary of Labor David Michaels said: “OSHA is eager to hear from the public on this, and every, proposed rule,” adding: “The more feedback the agency receives from small businesses on this topic, the better informed we will be in crafting a proposed regulation that protects workers without overburdening employers.”

Comments must be received by June 16, 2011. Comments may be submitted electronically through the federal eRulemaking portal, via facsimile if fewer than 10 pages to: (202) 693-1648, or by mail or hand-delivery to: OSHA Docket Office, Docket Number OSHA-2009-0044, U.S. Department of Labor, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210.

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