The Occupational Safety and Health Administration (OSHA) has issued a Notice of Proposed Rulemaking that clarifies employers’ continuing obligation to make and maintain accurate records of recordable work-related injuries and illnesses throughout the required five-year period.
“Accurate records are not simply paperwork, but have an important, in fact life-saving purpose,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “They will enable employers, employees, researchers, and the government to identify and eliminate the most serious workplace hazards – ones that have already caused injuries and illnesses to occur.”
OSHA is issuing this proposed rule in light of the decision of the U.S. Court of Appeals for the D.C. Circuit in AKM LLC v. Secretary of Labor (Volks) to clarify its long-standing position that the duty to record an injury or illness continues for as long as the employer must keep records of the recordable injury or illness. The proposed amendments add no new compliance obligations; the proposal would not require employers to make records of any injuries or illnesses for which records are not already required.
The proposed rule will be published in the July 29, 2015, issue of the Federal Register. Members of the public can submit written comments on the proposed rule here , the Federal e-Rulemaking Portal. Comments must be submitted by September 27, 2015.