Accurate Workplace Injury and Illness Records Restoration Act 2021-02-18 Introduced in House Accurate Workplace Injury and Illness Records Restoration Act

This bill expands the authority of the Occupational Safety and Health Administration (OSHA) to cite employers for workplace safety violations and requires OSHA to issue a rule on record keeping related to workplace injuries.

Under current law OSHA may cite employers only during the six-month period following a violation. This bill provides that, for a violation that occurs over a period of time, the six-month period does not begin until the violation has ended.

The bill also requires OSHA to issue a rule on maintaining records of workplace injuries and illnesses. Congress nullified a similar rule on April 3, 2017.

In the rule required by the bill, OSHA must clarify that an employer's duty to make and maintain accurate records

  • is an ongoing obligation,
  • continues for as long as the employer is required to keep records of the recordable injury or illness (typically five years under current OSHA rules), and
  • does not expire solely because the employer fails to create the necessary records when first required to do so.
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