OSHA scuttles rulemaking plans for MSD column on 300 Log
It takes years for OSHA to issue any final rule, but nearly three decades have passed since the agency first proposed a rule to add a musculoskeletal disorder (MSD) column to one of its injury/illness recordkeeping forms. Over the years, this rule has been proposed, finalized, reconsidered, withdrawn, and proposed again. Now, in an about face, OSHA terminated the rulemaking effective July 1, 2025.
Given the flip flopping and the significance of MSDs at work, one cannot help but wonder if we have not seen the last of this one. Like a tug of war, another administration could technically bring this one “back to life.” Congress too could pass legislation to force OSHA to issue the rule.
What are MSDs?
OSHA defines MSDs as disorders of the muscles, nerves, tendons, ligaments, joints, cartilage, and spinal discs. Examples include:
Carpal tunnel syndrome Rotator cuff syndrome De Quervain’s disease Trigger finger | Tarsal tunnel syndrome Sciatica Epicondylitis Tendinitis | Raynaud’s phenomenon Carpet layers knee Herniated spinal disc Low back pain |
MSDs are prevalent in the workplace. The Bureau of Labor Statistics reveals in its latest data for 2021 and 2022 that MSDs accounted for 22 percent of all injuries/illnesses with days away from work in the U.S. This figure doesn’t include countless MSDs without days away.
Rule’s history
The timeline for this rule spans almost 30 years. Major highlights include:
Date | Action |
2/2/1996 | Proposal soliciting comment on the inclusion of an MSD column on the OSHA log |
1/19/2001 | Final rule, effective January 1, 2002, including the addition of 29 CFR 1904.12, Recording Criteria for Cases Involving Work-related Musculoskeletal Disorders |
10/12/2001 | 1904.12 effective date delayed to 1/1/2003 |
12/17/2002 | 1904.12 effective date delayed to 1/1/2004 |
6/30/2003 | Final rule deleting 1904.12 after OSHA determined that the need for an MSD column was not supported by the record |
1/29/2010 | Proposal to restore the MSD column to the 300 Log |
7/1/2025 | Withdrawal of proposed rule and termination of rulemaking |
Why OSHA originally wanted the column
According to the agency, an MSD column:
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Latest decision
The 2010 proposal would have amended the OSHA 300 Log by adding a column that employers would use to record work-related MSDs. On July 1, 2025, OSHA withdrew that proposal.
The move does NOT change employer obligations to complete and retain occupational injury/illness records under OSHA's regulations. Terminating the proposal also does not change the recording criteria. OSHA’s 29 CFR 1904 remains as-is, and work-related MSDs must be recorded as usual.
Why the withdrawal?
OSHA explains that its authority to issue an MSD column rule stemmed from sections 8 and 24 of the Occupational Safety and Health Act. These sections empower the agency to issue regulations “necessary or appropriate” to carry out its responsibilities. This includes regulations that ensure employers keep accurate injury/illness records.
OSHA now officially concludes that an MSD column rule would NOT be reasonably related to sections 8 and 24 of the Act. The agency has determined that the record does NOT demonstrate that an MSD column would:
- Significantly improve the national injury/illness statistics — While the MSD column would help to estimate the number of non-days-away MSDs, OSHA claims that data from the column would add only marginally to the information already available.
- Be necessary to assist OSHA in enforcement and outreach — The column offers nothing of significance that goes beyond the case description data, the agency contends. Knowing the total number of MSDs at an establishment would be of little practical value in identifying hazards or causes of MSDs in the workplace, OSHA says.
- Provide useful information to employers and workers at the establishment level — The column does not offer the nature or cause of the disorders, and the total number of MSDs is easily obtainable without the column, argues OSHA.
Key to remember
OSHA withdrew the proposal to amend the OSHA 300 Log by adding a column that employers would use to record work-related MSDs.