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WASHINGTON – The Occupational Safety and Health Administration on Monday will
issue a final
rule that clarifies an employer’s continuing obligation to make and
maintain an accurate record of each recordable injury and illness. The final
rule becomes effective Jan. 18, 2017.
OSHA’s longstanding
position has been that an employer’s duty to record an injury or illness
continues for the full five-year record-retention period, and this position has
been upheld by the Occupational Safety and Health Review Commission in cases
dating back to 1993. In 2012, the D.C. Circuit issued a decision in AKM
LLC v. Secretary of Labor (Volks) reversing the Commission and rejecting OSHA’s position on the
continuing nature of its prior recordkeeping regulations.
The new final rule more
clearly states employers’ obligations. “This rule simply returns us to the standard
practice of the last 40 years,” said Assistant Secretary of Labor for
Occupational Safety and Health Dr. David Michaels. “It is important to keep in
mind that accurate records are not just paperwork; they have a valuable and
potentially life-saving purpose.”
The amendments in the final rule add no new compliance obligations and
do not require employers to make records of any injuries or illnesses for which
records are not already required.
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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