On July 29, 2015, OSHA proposed to amend its recordkeeping regulations to clarify that the duty to make and maintain accurate records of work-related injuries and illnesses is an ongoing obligation. 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 duty does not expire just because the employer fails to create the necessary records when first required to do so.
This proposed rule follows a court case in which the court overturned OSHA’s citation of an employer for failure to record an injury or illness beyond the statutory six-month time limitation. The rule would amend 29 CFR § 1904, clarifying employers’ duty to record injuries or illnesses for five years, which is the current timeframe that employers must maintain records of accidents and illnesses.
Written comments to this proposed rule must be submitted (postmarked, sent or received) by September 28, 2015.
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