United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2016_register executive 2016-12-17 article Rules and Regulations D09002ee1c7f311e8 D09002ee1c7f31275 United States Department of Labor originator org United States Government Agency or Subagency United States Occupational Safety and Health Administration originator org United States Government Agency or Subagency 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. 81 FR 91792 https://www.govinfo.gov/app/details/FR-2016-12-19/2016-30410 2016-30410 fr19de16-17 RIN 1218-AC84 4510-26-P Docket No. OSHA-2015-0006 https://www.govinfo.gov/app/details/FR-2016-12-19/2016-30410 https://www.govinfo.gov/content/pkg/FR-2016-12-19/html/2016-30410.htm https://www.govinfo.gov/content/pkg/FR-2016-12-19/pdf/2016-30410.pdf Health Statistics Occupational Safety and Health Safety Reporting and Recordkeeping Requirements State Plans 19 p. 91792 91810 81 FR 91792 Title 29 Part 1904 29 CFR Part 1904 RIN 1218-AC84 Clarification of Employer's Continuing Obligation To Make and Maintain an Accurate Record of Each Recordable Injury and Illness; Federal Register Vol. 81, Issue RULE 2016-30410 DEPARTMENT OF LABOR Occupational Safety and Health Administration 2017-01-18 Docket No. OSHA-2015-0006 4510-26-P 2016-30410 Final rule.

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.

This final rule becomes effective on January 18, 2017. Collections of information: There are collections of information contained in this final rule (see Section XI, Office of Management and Budget Review Under the Paperwork Reduction Act of 1995). Notwithstanding the general date of applicability that applies to all other requirements contained in the final rule, affected parties do not have to comply with the collections of information in the recordkeeping regulations (as revised by this final rule) until the Department of Labor publishes a separate document in the Federal Register announcing that the Office of Management and Budget has approved them under the Paperwork Reduction Act. Press inquiries: Mr. Frank Meilinger, Director, Office of Communications, OSHA, U.S. Department of Labor, Room N-3647, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-1999; email meilinger.francis2@dol.gov. Health Statistics Occupational Safety and Health Safety Reporting and Recordkeeping Requirements State Plans Clarification of Employer's Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness , edens.mandy@dol.gov meilinger.francis2@dol.gov http://dictionary.cambridge.org/dictionary/american-english/occurrence_2 http://thesaurus.com/browse/maintain http://www.merriam-webster.com/dictionary/accurate http://www.osha.gov http://www.oxforddictionaries.com/us/definition/american_english/maintain?searchDictCode=all http://www.reginfo.gov/public/do/DownloadNOA?requestID=266192 http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201604-1218-002 http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201610-1218-003 Vol. 81, no. 243 Office of the Federal Register, National Archives and Records Administration 2016-12-19 continuing daily deposited born digital 862 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2016-12-19 P0b002ee19310afdf 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr19de16 https://www.govinfo.gov/app/details/FR-2016-12-19 https://www.govinfo.gov/content/pkg/FR-2016-12-19/pdf/FR-2016-12-19.pdf https://www.govinfo.gov/content/pkg/FR-2016-12-19/xml/FR-2016-12-19.xml fdlp 91643 92498 DGPO 2016-12-17 2024-06-01 FR-2016-12-19 machine generated eng FR FR-2016-12-19 81 243