OSHA Proposes Rule Clarification

OSHA published a proposed rule in the Federal Register in July that clarifies an employer’s obligation to make and maintain records of injury and illness during the required five-year period.

OSHA is issuing this proposed rule in light of the decision of the U.S. Court of Appeals for the D.C. Circuit in 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 to 29 CFR Part 1904 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 public can submit written comments on the proposed rule online at regulations.gov, the Federal e-Rulemaking Portal. See the Federal Register notice for submission details. Comments must be submitted by September. 28. S