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WASHINGTON – The Occupational Safety and Health Administration today issued a Notice
of Proposed Rulemaking that clarifies an employer’s continuing obligation
to make and maintain an accurate record of each recordable injury and illness throughout
the five-year period during which the employer is required to keep the
records.
“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 at http://www.regulations.gov, the Federal
e-Rulemaking Portal. See the Federal
Register notice
for submission details. Comments must be submitted by Sept. 27, 2015.
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. For
more information, visit www.osha.gov.
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