WASHINGTON
The Labor Department Tuesday, January 25, 2011 the day of President Obama "State
of the Union" speech before Congress withdrew a proposal that would require
companies to more carefully log workplace muscle sprains and strains, the latest
result of the Obama administration's effort to respond to business concerns
about federal regulation.
Employer groups had widely opposed the proposed recordkeeping change, saying it
would put their members in the awkward position of defining musculoskeletal
disorders they simply are not equipped to identify. They also view the proposal
as a precursor to a broader ergonomics regulation.
"That's really why we've been concerned about this," said Keith Smith, director
of employment and labor policy for the National Association of Manufacturers.
The Labor Department's announcement shows the agency "is listening and taking
the concerns of small businesses into account," said Mr. Smith.
The Labor Department's Occupational Safety and Health Administration said it
withdrew the proposal to seek more input from small businesses. But unlike
employer groups who say the proposal was in effect creating a new definition of
what constitutes a musculoskeletal disorder, OSHA officials say the change would
have simply required businesses to place a check mark in a newly added column
for all musculoskeletal disorders. The adjustment was designed to make it easier
for regulators to more easily gather data, one OSHA official said.
The proposal was under review by the Office of Management and Budget.
Last week, OSHA withdrew another proposed rule proposal on noise in the
workplace that could have forced manufacturers to install noise-reducing
equipment. Also last week, the Food and Drug Administration retreated from plans
to tighten rules on medical-device approvals, postponing a proposal that would
have given the FDA power to order additional postmarket studies of devices.
Both of the OSHA moves followed President Barack Obama's executive order to
federal agencies to review proposed rules and cancel those that were redundant
or imposed an excessive burden on small businesses. The order prompted positive
responses from employer groups, although many want a broader rollback of
proposed rules than the administration has so far indicated.
The Labor Department says musculoskeletal disorders accounted for 28% of all
reported workplace injuries and illnesses requiring time away from work in 2009.
"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 David
Michaels, assistant secretary of labor for occupational safety and health.
"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."
OSHA's plans to seek more comments from the small business community is notable
because the agency says most small businesses aren't required to keep records on
the injuries and illnesses in question. The agency declined to elaborate.

By MELANIE TROTTMAN/melanie.trottman@...