SafetyNewsAlert.com » Judge tells company to record ergonomic injury

Judge tells company to record ergonomic injury

June 6, 2011 by Fred Hosier
Posted in: In this week's e-newsletter, Injuries, Latest News & Views, Who Got Fined and Why?, ergonomics, new court decision


Sure, OSHA hasn’t yet enacted its proposal to include an ergonomic check box on its injury logs. But that doesn’t mean companies don’t have to report these injuries.

An administrative law judge (ALJ) with the Occupational Safety and Health Review Commission has ruled that Caterpillar Logistics Services, Peoria, IL, should have recorded a worker’s musculoskeletal disorder (MSD) on its OSHA 300 log.

OSHA issued the citation after an investigation determined Caterpillar didn’t record a work-related MSD, tennis elbow, on the company’s injury log. Caterpillar argued that the employee’s tennis elbow wasn’t work-related.

The ALJ noted that, to be recordable, “an employee’s work activities do not have to be the cause, but rather a cause of injury or illness.”

The judge said evidence showed the employee’s work activities were at least a contributing cause, if not the only cause, of the employee’s tennis elbow.

The good news, if there is any, regarding this case: The fine is only $900 because the citation was categorized as other-than-serious.

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One Response to “Judge tells company to record ergonomic injury”

  1. PO'd Safety Guy Says:

    Why wouldn’t Cat record this injury? Even tho no MSD category, it should be recorded under “All Other.” Bad move on Cat’s part.

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