PubTransformer

A site to transform Pubmed publications into these bibliographic reference formats: ADS, BibTeX, EndNote, ISI used by the Web of Knowledge, RIS, MEDLINE, Microsoft's Word 2007 XML.

Clarification of Employer's Continuing Obligation To Make and Maintain an Accurate Record of Each Recordable Injury and Illness. Final rule.

Abstract OSHA is amending 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. The amendments consist of revisions to the titles of some existing sections and subparts and changes to the text of some existing provisions. The amendments 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 in this rule are adopted in response to a decision of the United States Court of Appeals for the District of Columbia Circuit. In that case, a majority held that the Occupational Safety and Health Act does not permit OSHA to impose a continuing recordkeeping obligation on employers. One judge filed a concurring opinion disagreeing with this reading of the statute, but finding that the text of OSHA's recordkeeping regulations did not impose continuing recordkeeping duties. OSHA disagrees with the majority's reading of the law, but agrees that its recordkeeping regulations were not clear with respect to the continuing nature of employers' recordkeeping obligations. This final rule is designed to clarify the regulations in advance of possible future federal court litigation that could further develop the law on the statutory issues addressed in the D.C. Circuit's decision.
PMID
Related Publications

OSHA recordkeeping guidelines for occupational injuries and illnesses.

Occupational injury and illness recording and reporting requirements. Occupational Safety and Health Administration (OSHA), U.S. Department of Labor. Final rule.

Occupational injury and illness recording and reporting requirements--NAICS update and reporting revisions. Final rule.

Basic Program Elements for Federal employee Occupational Safety and Health Programs and related matters; Subpart I for Recordkeeping and Reporting Requirements. Final rule.

Improve Tracking of Workplace Injuries and Illnesses. Final rule.

Authors

Mayor MeshTerms

Occupational Diseases

Occupational Injuries

Keywords
Journal Title federal register
Publication Year Start




PMID- 28030888
OWN - HSR
STAT- MEDLINE
DA  - 20161228
DCOM- 20170109
LR  - 20170110
IS  - 0097-6326 (Print)
IS  - 0097-6326 (Linking)
VI  - 81
IP  - 243
DP  - 2016 Dec 19
TI  - Clarification of Employer's Continuing Obligation To Make and Maintain an
      Accurate Record of Each Recordable Injury and Illness. Final rule.
PG  - 91792-810
AB  - OSHA is amending 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. The amendments consist of revisions to the titles
      of some existing sections and subparts and changes to the text of some existing
      provisions. The amendments 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 in this rule are adopted in
      response to a decision of the United States Court of Appeals for the District of 
      Columbia Circuit. In that case, a majority held that the Occupational Safety and 
      Health Act does not permit OSHA to impose a continuing recordkeeping obligation
      on employers. One judge filed a concurring opinion disagreeing with this reading 
      of the statute, but finding that the text of OSHA's recordkeeping regulations did
      not impose continuing recordkeeping duties. OSHA disagrees with the majority's
      reading of the law, but agrees that its recordkeeping regulations were not clear 
      with respect to the continuing nature of employers' recordkeeping obligations.
      This final rule is designed to clarify the regulations in advance of possible
      future federal court litigation that could further develop the law on the
      statutory issues addressed in the D.C. Circuit's decision.
CN  - Occupational Safety and Health Administration (OSHA), Labor
LA  - eng
PT  - Journal Article
PL  - United States
TA  - Fed Regist
JT  - Federal register
JID - 7808722
SB  - T
MH  - Forms and Records Control/*legislation & jurisprudence
MH  - Humans
MH  - Mandatory Reporting
MH  - *Occupational Diseases
MH  - Occupational Health/*legislation & jurisprudence
MH  - *Occupational Injuries
MH  - Records as Topic/*legislation & jurisprudence
MH  - United States
MH  - United States Occupational Safety and Health Administration/*legislation &
      jurisprudence
EDAT- 2016/12/29 06:00
MHDA- 2017/01/10 06:00
CRDT- 2016/12/29 06:00
PST - ppublish
SO  - Fed Regist. 2016 Dec 19;81(243):91792-810.

<?xml version="1.0" encoding="UTF-8"?>
<b:Sources SelectedStyle="" xmlns:b="http://schemas.openxmlformats.org/officeDocument/2006/bibliography"  xmlns="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" >
</b:Sources>