OSHA to Issue Final Rule Clarifying Employer's Obligation to Make and Maintain Record of Injury and Illness

 
Monday, December 19, 2016
 
The Occupational Safety and Health Administration will issue a final rule (https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-30410.pdf) that clarifies an employer's continuing obligation to make and maintain an accurate record of each recordable injury and illness. The final rule becomes effective January 18, 2017.

OSHA's longstanding position has been that an employer's duty to record an injury or illness continues for the full five-year record-retention period, and this position has been upheld by the Occupational Safety and Health Review Commission in cases dating back to 1993. In 2012, the D.C. Circuit issued a decision in AKM LLC v. Secretary of Labor (Volks) reversing the Commission and rejecting OSHA's position on the continuing nature of its prior recordkeeping regulations.

The new final rule more clearly states employers' obligations. The amendments in the final rule add no new compliance obligations and do not require employers to make records of any injuries or illnesses for which records are not already required.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. 
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