Massachusetts Workers Compensation Lawyers Blog

OSHA is revising itsOccupational Injury and Illness Recording and Reporting Requirements regulation. The Federal Register recently published a notice of the reopening.

The Administration is reopening the record in an attempt to call on interested individuals to submit comment on the small business teleconferences that the Small Business Administration’s Office of Advocacy OSHA co-sponsored last month. They’re also asking that individuals submit comment on the issues raised during those teleconferences. OSHA held those teleconferences to collect feedback from small business representatives regarding their experience with recording work-related musculoskeletal disorders in Boston and elsewhere in the United States. They would like to know how these representatives believe they would be directly impacted by the proposed rule. The public was invited to submit comments as well.

Our Boston workers’ compensation attorneys understand that musculoskeletal disorders can oftentimes occur in the workplace as they’re caused by spending long periods of time in the same position, poor posture and repetitive movements. These disorders affect the full length of the spine. These conditions cause serious pain, discomfort and sometimes a loss of productivity on the job. They can oftentimes go unreported as well, meaning that employees may not receive the proper treatment or compensation from employers.

Earlier this year, OSHA proposed a revision to its Occupational Injury and Illness Recording and Reporting Requirements regulation in an attempt to allow employers to check if a work related incident that was previous recorded under the current rules is a musculoskeletal disorder.

This proposed rule does not look to change any of the existing record-keeping requirements regarding when and under what circumstances an employer must record a work-related injury or illness. It would only seek to require that an employer would now mark the musculoskeletal disorder column box on the log if the case that has already been recorded meets the requirements to be classified as a musculoskeletal disorder.

“OSHA is eager to hear from the public on this, and every, proposed rule,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “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.”

Injuries can be recorded if they meet a number of criteria, including days away from work and medical treatment beyond first aid or restricted work performance. The new rule would help to specifically define a musculoskeletal disorder, for record-keeping purposes only, as a disorder of the muscles, nerves, tendons, ligaments, joints, cartilage or spinal discs.

More than 1.5 million recordable musculoskeletal disorder incidents are expected to happen annually and the yearly costs of the proposed rule would be more than $1.5 million, according to OSHA.
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(More than 2.3 million teens between the ages of 14 and 18 held jobs in the United States in 2008, according to National Consumer League (NCL). Many summer jobs lead to an increased risk for work accidents in Massachusetts and elsewhere in the United States for our young, inexperienced workers.

While it’s no secret that a plummeting job market has affected everyone across the board, it has severely affected our young teens that desire to work. The New York Times reported last month that the U.S. lost roughly 8 million jobs in the last two years, causing the teen unemployment rate to rise to nearly 30 percent. Because of the decrease in available jobs for our teen workers, the NCL worries that teens will seek jobs too dangerous for them or will be less likely to report dangerous or illegal working conditions.

Our Boston workers’ compensation lawyers believe that good work ethic is important in our youngsters as holding a job is an important part of youth development. But we also understand the risks and encourage parents to keep an eye on your teen’s choice of jobs and the associated working conditions.

Each day, 14 workers die in United States. Roughly 35 workers under the age of 18 died in the workplace in 2008 alone.

Inexperienced working teens are especially vulnerable to accidents in the workplace. Accidents are the number one cause of death for those between the ages of 10 and 19, as more die from injuries than all over causes combined.

WCVB-TV Boston reports that every year, in the last eight years, at least one teenager die on the job in Massachusetts. Approximately 1,000 teens wind up in the hospital every year because of injuries in the workplace.

“Sometimes, what’s required is more training; sometimes, educating employers; and sometimes, changing laws,” says John Auerbach, the state’s public health commissioner.

The Massachusetts Coalition for Occupational Safety and Health (MassCOSH) aims to change the alarmingly high rate of workplace injuries for teens as they attempt to educate teens of their rights. MassCOSH created a Teens Lead at Work is a peer leadership group that provides proper training and advocacy for teen workers in order to ensure their safety and health in the workplace and to help teens recognize their rights in the workforce.

“Our mission is to make sure that all people can go to work and return home with their lives and limbs intact,” said Marcy Goldstein-Gelb, executive director of MassCOSH.

The Occupational Safety and Health Administration (OSHA) names these conditions as the main causes of workplace injuries. Accidents typically fall into these seven categories:

-Inadequate supervision.

-Alcohol and drug use.

-Stressful working conditions
-Inadequate training.

-Unsafe equipment.

-Trying to hurry.

-Dangerous work that is illegal or inappropriate for young workers.

“It’s the employer’s responsibility to make sure they know what’s safe for a young person, that they provide them with all the protective equipment they need and that they make sure that they’re well trained,” said Goldstein-Gelb.
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Massachusetts Workers Compensation Lawyers Blog

OSHA Looks at Musculoskeletal Disorder in Work Injury in Boston, elsewhere

More Teen Workers Means Increased Risks of Work Accidents in Massachusetts