OSHA requirements for recording work-related injuries and illnesses [US]

On July 29th 2015, the Occupational Safety and Health Administration (OSHA) released a proposed rule in the Federal Register to clarify that it is an employer’s ongoing duty to maintain accurate records of work-related injuries and illnesses for up to five years after they become recordable.

Why was the OSHA claim rejected?

OSHA put forward the suggested rule following the case AKM LLC v. Sec’y of Labor (Volks II)  in which they accused AKM of failing to record work-related injuries and illnesses. The courts rejected the citation as OSHA had issued it after the six-month statute of limitations had passed, which, according to the Occupational Safety and Health Act of 1970 (OSH Act), nullifies the claim.

However, Judge Merrick Garland concurred that the OSH Act validated OSHA’s argument that a record-keeping requirement may be considered an ongoing duty, but that in fact OSHA’s current record-keeping regulations did not currently allow this.

OSHA’s proposed changes now specify that employers must record every recordable injury or illness throughout the entire five-year retention period. This change does not increase the number of recording requirements, but does extend the statute of limitations for which employers may be liable for failing to properly record injuries and illnesses.

Public comments will be accepted from now until September 28th, 2015.

EHS Legalist Red-on-line

Sources:

OSHA, Proposed Rule, Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness, 80 FR 45119, July 29, 2015

AKM, LLC v. Sec’y of Labor (Volks II), No. 11-1106, April 6, 2012 (D.C. Circuit)