OSHA Attempts to Extend the Obligations of the Recordkeeping Rule

OSHA has issued a proposed rule to clarify an “Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness” for the entire 5 year period which an employer is required to keep the records.    In part this proposal is based on the outcome of the U.S. Court of Appeals case (Volks decision) where OSHA attempted to clarify 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 5 year period). While this proposal does not request additional compliance requirements or records to be made, it goes beyond the established statue of not issuing citations beyond six months of when a violation occurred and has the real potential for additional citations and fines to be issued for an administrative task and no benefit to safety. SGIA has submitted comments to OSHA opposing this proposed rule and requested it be withdrawn. If you would like a copy of the comments submitted, please contact govtaffairs@sgia.org. SGIA’s government staff will be monitoring the activity surrounding this proposal and will report any new developments.
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