Search form

OSHA Recordkeeping Rule Starts White House Review

By Tressi L. Cordaro
  • November 16, 2016

The White House is reviewing a proposed worker safety rule from the Occupational Safety and Health Administration that aims to expand the requirement on how long employers must maintain accurate records of worker injuries and illnesses.

The White House Office of Management and Budget received a final rule on October 14, 2016, and its staff has to complete its review within 90 days. The proposal (RIN:1218-AC84) would amend the OSHA recordkeeping regulations to clarify that the duty to make and maintain accurate records of work-related injuries and illnesses is an ongoing obligation. The duty to make and maintain an accurate record of an injury or illness continues for as long as the employer must keep and make available records for the year in which the injury or illness occurred. The duty does not expire if the employer fails to create the necessary records when first required to do so.

Under the proposed rule, employers would have to keep accurate records as long as required for the year in which the incident occurred. The statute of limitations would increase from six months to five years after an incident occurs.

Business groups say that the proposal is an attempt to get around a six-month statute of limitations established in a 2012 court ruling. The U.S. Court of Appeals for the District of Columbia Circuit ruled in AKM LLC v. Sec’y of Labor (Volks II), 675 F.3d 752 (D.C. Cir. 2012), that OSHA was required to issue citations for recordkeeping violations within six months of when the employer fails to record the event.

On July 29, 2015, OSHA issued a Notice of Proposed Rulemaking, “Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness.”

Jackson Lewis is available to assist clients with recordkeeping and other federal safety compliance obligations.

©2016 Jackson Lewis P.C. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis.

This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Jackson Lewis P.C. represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.

See AllRelated Articles You May Like

August 23, 2017

Mine Safety Agency Implements Medical Standards Action Plan for Inspectors, Technical Personnel

August 23, 2017

The Mine Safety and Health Administration will implement an action plan for employees who do not meet the agency’s medical standards.   As a condition of employment, MSHA inspectors and technical personnel must undergo periodic medical examinations, including vision and hearing tests, and meet medical standards set by the Office... Read More

August 23, 2017

OSHA Schedules Second Public Meeting on Voluntary Protection Programs

August 23, 2017

The Occupational Safety and Health Administration has scheduled the second of two meetings to “reshape” the Voluntary Protection Programs (VPP) for August 28, 2017. The first meeting was held on July 17, 2017. OSHA established the VPP on July 2, 1982, to promote cooperation between government, industry, and labor to improve worker... Read More

August 16, 2017

Mine Safety Agency Issues Alert on Wire and Hoisting Ropes

August 16, 2017

Saying new testing on wire and hoisting ropes showed they “no longer met MSHA’s in-service standards,” despite previously passing tests and inspections, the Mine Safety and Health Administration has issued a new safety alert on wire and hoisting ropes. MSHA said that, although it had previously conducted wire rope nondestructive... Read More

Related Practices