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OSHA Clarification of Recordkeeping Requirements

OSHA recently issued one of its last rules, “Clarification of Employer’s Continuing Obligation to “Make and Maintain Accurate Records of Each Recordable Injury and Illness.” 81 Fed. Reg. 91792 (December 19, 2016).

The final rule amends the OSHA 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 make and maintain an accurate record of an injury or illness continues for as long as the employer must keep and make available records for the year in which the injury or illness occurred. The duty does not expire if the employer fails to create the necessary records when first required to do so.

The new final rule more clearly states employers' obligations. "This rule simply returns us to the standard practice of the last 40 years," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "It is important to keep in mind that accurate records are not just paperwork; they have a valuable and potentially life-saving purpose."

The amendments in the final rule add no new compliance obligations and do not require employers to make records of any injuries or illnesses for which records are not already required.

For more detailed information go ISRI’s Regulatory Update feature on the ISRI-OSHA Alliance webpage or contact Terry Cirone.

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