OSHA extends comment period for proposed rule clarifying employers’ continuing obligation to make and maintain accurate record

Words: Dave AfandadorThe Occupational Safety and Health Administration is extending the deadline for submitting comments on the proposed rule that clarifies an employer’s continuing obligation to make and maintain an accurate record of each recordable injury and illness. The comment due date has been extended to Oct. 28, 2015.

OSHA issued this proposed rule in light of the decision of the U.S. Court of Appeals for the D.C. Circuit in AKM LLC v. Secretary of Labor (Volks) to clarify its long-standing position that 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 proposed amendments add no new compliance obligations; the proposal would not require employers to make records of any injuries or illnesses for which records are not already required.

The proposed rule was published in the July 29, 2015, issue of the Federal Register. Members of the public can submit written comments on the proposed rule at www.regulations.gov, the Federal e-Rulemaking Portal. See the Federal Register notice for submission details.
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