OSHA to Issue Rule Clarifying Workplace Injury Reporting

December 16, 2016

1 Min Read
OSHA to Issue Rule Clarifying Workplace Injury Reporting
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The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced Friday that the agency will issue a final rule on Monday that makes employers’ continuing obligation to make and maintain accurate records of each recordable injury and illness more clear.

OSHA’s position that employers have a duty to record injury or illnesses continues for the entire five-year period where records must be retained was rejected in a 2012 Washington D.C. Circuit Court case, AKM LLC v. Secretary of Labor (Volks), that reversed earlier rulings by the independent Occupational Safety and Health Review Commission that upheld OSHA’s stance.

The newly amended rule “more clearly states” the obligations of employers, the agency said, and add no further compliance obligations or recordkeeping requirements beyond what is currently in place.

“This rule simply returns us to the standard practice of the last 40 years,” Assistant Secretary of Labor for Occupational Safety and Health, Dr. David Michaels, said in a statement. “It’s important to keep in mind that accurate records are not just paperwork; they have a valuable and potentially life-saving purpose.”

The new rule goes into effect on Jan. 18, 2017.

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