White House Budget Office completes review of recordkeeping rule

Final rule clarifies the obligation to make and maintain accurate records

Posted December 16, 2016

On December 14, the White House Office of Management and Budget completed its review of OSHA’s final rule to clarify an employer’s continuing obligation to make and maintain accurate records of each recordable injury and illness, meaning the rule could soon appear in the Federal Register.

The rule amends OSHA’s recordkeeping regulations to emphasize that the requirement to make and maintain accurate records of work-related injuries and illnesses is an ongoing obligation. The duty does not expire, even if an employer fails to create the necessary records when first required to do so.

The Agency issued the rule in response to a 2012 court ruling that went against OSHA. OSHA had cited an employer for Part 1904 recordkeeping violations, including failing to properly maintain its injury log. However, the court found that OSHA did not have the authority to cite employers for failure to record work-related injuries and illnesses more than six months after the initial obligation to record the cases occurred. The statute of limitations for violations of the Occupational Safety and Health Act is “six months following the occurrence of any violation.”

The new final rule codifies that the duty to record an employee’s work-related injury or illnesses continues for as long as the employer must keep records.


OSHA Recordkeeping for Managers and Supervisors - Online TrainingJ. J. Keller's OSHA Recordkeeping for Managers and Supervisors - Online Training helps managers and supervisors meet the recordkeeping requirements of 29 CFR Part 1904.

 

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