Texas employers, especially nonsubscribers to the state’s traditional workers’ compensation system, should be aware of OSHA’s recent memorandum detailing requirements for reporting musculoskeletal injuries (MSIs). This clarification defines what constitutes medical treatment beyond first aid for MSIs and establishes criteria for OSHA recordability, with specific guidelines on certain treatments.
Compliance is critical to avoiding OSHA violations. Our Workplace Injury/Nonsubscriber Group at Fee, Smith & Sharp LLP, can help ensure that your practices meet these evolving standards, protecting your company’s interests and legal standing.
Understanding Musculoskeletal Injuries (MSIs)
MSIs are injuries or disorders affecting the body’s movement system, including muscles, tendons, ligaments, nerves, bones, and joints. Common examples include carpal tunnel syndrome, back pain, tendonitis, and bursitis. These injuries often stem from repetitive motions, forceful exertions, awkward postures, or prolonged static positions, which are common in various industries.
According to the National Safety Council (NSC), there were more than 976,000 musculoskeletal disorder Days Away from Work, Job Restriction, or Transfer (DART) cases in the private sector in 2022. These injuries account for a substantial portion of workplace injuries and affect productivity, employee well-being, and employer costs.
The Importance of OSHA’s New Guidance for Texas Nonsubscribers
The new OSHA memorandum has significant implications for all Texas employers, regardless of whether they are nonsubscribers or subscribers to the state’s traditional system. While nonsubscribers face heightened scrutiny, all employers are subject to OSHA recordkeeping and reporting requirements.
Previously, ambiguity surrounded the types of medical treatment for MSIs that constituted recordable events under OSHA regulations. This often resulted in underreporting of MSIs or non-compliance, hindering efforts to understand their true prevalence and implement effective prevention strategies. OSHA’s new memorandum provides much-needed clarity on these issues, helping employers to understand their legal obligations better and take steps to protect their workforce.
This change is particularly relevant to sectors with high MSI risks, including construction, healthcare, warehousing, manufacturing, and transportation. By implementing these updates, Texas employers can create safer environments while adhering to OSHA standards, which can reduce the risk of penalties, costly workplace injuries, and associated productivity losses.
OSHA’s Revised Recordkeeping Guidelines for MSIs
In its May 2024 memorandum, OSHA clarifies recordkeeping criteria for MSIs treated with specific methods. Its key points include the following:
First Aid vs. Medical Treatment
The core of OSHA’s updated guidance defines the distinction between what OSHA considers first aid versus medical treatment for MSIs. For instance, using first aid, such as non-prescription medications or bandages, generally exempts an incident from being recorded. However, the injury or illness becomes recordable when treatment extends to what OSHA views as medical treatment, such as prescription medications or therapeutic exercises.
OSHA has also highlighted that the number of first aid instances may suggest whether the employer is trying to avoid recording an injury. Repeated administration of first aid within four weeks may indicate an unreported MSI. Employers should be mindful of these nuances to avoid potential citations from OSHA.
Active Release Techniques (ART)
ART, a massage technique targeting muscles, tendons, and ligaments, falls under first aid as long as it remains limited to soft tissue massage. However, if ART goes beyond standard massage, such as involving skeletal manipulation, it shifts into the category of medical treatment, thus making the MSI recordable. OSHA’s memorandum clarifies that repeated ART treatment can also lead to recording requirements, primarily if the treatments are intended for a single MSI over an extended period.
Exercise and Stretching Programs
In cases where exercise or stretching is prescribed to treat a specific MSI, OSHA considers this a form of medical treatment, meaning it becomes a recordable injury. If a healthcare professional recommends exercise explicitly as part of a treatment plan for a workplace MSI, employers must treat this as a medical intervention. However, general wellness programs like optional stretching routines are not considered medical treatments.
This clarification is crucial for Texas employers who may provide in-house physical therapy or stretching guidance to avoid recordable MSIs. If an employer designs a program purely for preventative or wellness purposes, they can avoid reporting requirements, provided these activities are not prescribed treatments for specific injuries.
Potential Impact on Texas Employers
This new guidance can significantly impact Texas employers:
- Increased reporting of MSIs: More accurate reporting of MSIs might paint a clearer picture of their prevalence in various Texas industries.
- Enhanced scrutiny of ergonomics: OSHA may increase focus on workplace ergonomics and prevention strategies to tackle MSI risks.
- Potential rise in OSHA inspections: Targeting recordkeeping compliance with MSIs could lead to heightened OSHA inspections for Texas employers.
Recommendations for Texas Employers
To minimize compliance risks and protect their businesses, Texas employers should consider implementing the following best practices:
- Regularly review treatment protocols: Ensure all managers and supervisors understand OSHA’s updated first aid and medical treatment definitions, especially for MSIs. Align treatment protocols with OSHA’s guidelines to avoid unintentional recordable incidents.
- Document MSI treatments carefully: Accurate and detailed records of each treatment session are essential, particularly when employees receive first aid, ART, or stretching recommendations. Track all treatment instances to identify patterns that may suggest a recordable MSI.
- Train supervisors on reporting requirements: OSHA’s updated guidance may require additional training for supervisory staff. Clear communication on the types of treatments allowed without triggering recordable incidents can be crucial in preventing unnecessary OSHA scrutiny.
- Conduct periodic compliance audits: Regular audits of injury and illness logs can help identify any inconsistencies or potential errors in MSI reporting. Proactively addressing these can prevent compliance issues and reduce the risk of fines.
- Partner with legal and compliance experts: Our workplace injury/nonsubscriber lawyers can provide invaluable insights into navigating OSHA regulations and maintaining appropriate injury documentation. Our legal counsel can also defend nonsubscriber employee injury claims and assist in building an OSHA-compliant
Implications of Non-Compliance with OSHA’s MSI Reporting
Employers not adhering to these new guidelines face potential OSHA citations, penalties, and reputational harm. For nonsubscriber Texas employers, poor MSI recordkeeping could also create vulnerabilities in injury defense cases. Failure to maintain OSHA-compliant records may weaken the employer’s position in court, making it harder to contest claims based on inaccurate or incomplete documentation.
Fee, Smith & Sharp LLP Can Help You Meet OSHA Requirements
OSHA’s updated memorandum provides important clarifications that affect Texas employers’ recordkeeping and reporting practices. While the guidelines create additional obligations, they offer a roadmap for employers to handle MSI cases more precisely. By adhering to these best practices, employers can ensure OSHA compliance, improve workplace safety records, and bolster their defense against employee injury claims.
For Texas employers, the stakes are high. Accurate injury records fulfill federal requirements and serve as a key component in a successful defense strategy. Contact Fee, Smith & Sharp LLP to help ensure compliance and prepare your business to navigate the complexities of OSHA’s evolving requirements effectively.
