Source: Michael Fielding, MEATINGPLACE, 12/20/16


OSHA is amending its recordkeeping regulations to clarify that keeping accurate records of injuries and illnesses is an “ongoing obligation” for employers.

“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,” according to the final rule published in the Federal Register.

The agency’s amendments to the rule add no new compliance obligations and do not require employers to make records of any injuries or illnesses for which records are not currently required to be made.

The amendments were adopted in response to a decision of the U.S. Court of Appeals for the District of Columbia Circuit. In that case, judges ruled that the Occupational Safety and Health Act does not allow OSHA to impose a continuing recordkeeping obligation on employers. The agency disagrees with the majority’s reading of the law but agrees that its recordkeeping regulations were not clear in regard to the continuing nature of employers’ recordkeeping obligations.

The final rule is designed to clarify the regulations in advance of possible future federal court litigation that may influence the law on the issues addressed in the D.C. Circuit’s decision.

The rule becomes effective 30 days after its Dec. 19 publication.

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