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MOSH Standard Notice 04-2 - MOSH Standard Notices

TO: All MOSH Personnel
FROM: Cheryl Kammerman, Assistant Commissioner
SUBJECT: Adoption and Enforcement of Revisions to MOSH Regulations for Employee Injury and Illness Records and Reports COMAR 09.12.21
REFERENCE: MOSH Standards Notice 02-2 (Revised) and MOSH Standards Notice 03-1
EFFECTIVE DATE: January 5, 2004
DATE: February 17, 2004

A.   Background

  1. On June 30, 2003, OSHA issued a final rule amending its occupational safety and health standard on Occupational Injury and Illness Recording and Reporting Requirements (29 CFR 1904.12, 29 CFR 1904.26, and 29 CFR 1904.29). This final rule deletes two provisions of the Recordkeeping Rule published on January 19, 2001. These provisions would have required employers to check the musculoskeletal disorder (MSD) column on the OSHA 300 Log if an employee experienced a work-related MSD, and stated that MSDs are not considered privacy concern cases.
  2. On December 2, 2003, the Commissioner of Labor and Industry adopted amendments to Regulation .02 under COMAR 09.12.21 Employee Injury and Illness Records and Reports.

B.  Action

  1. 29 CFR 1904.12 was never adopted by MOSH, therefore no change.
  2. 29 CFR 1904.29(b)(7)(vi) should read as follows: (b)(7)(vi) Other illnesses, if the employee voluntarily requests that his or her name not be entered on the log.
  3. MOSH Compliance personnel will enforce the adopted changes as provided in Attachments A and B.

cc: Commissioner Keith Goddard
Jonathan R. Krasnoff, Deputy Counsel, Department of Labor, Licensing and Regulation
Office of Administrative Hearings