New Year, New Rule in Effect: Ongoing Obligations for OSHA Recordkeeping

Effective January 18, employers covered under the Occupational Safety and Health Administration’s (OSHA) recordkeeping regulations (29 CFR 1904) must ensure they make and maintain accurate records of each recordable injury or illness for the full five-year retention period—beyond the six-month statute of limitations in the Occupational Safety and Health Act of 1970. 

The final rule was published December 19 and, in “clarifying” the recordkeeping regulation, attempts to overturn a majority opinion in a federal court [AKM LLC d/b/a Volks Constructors v. Secretary of Labor, 675 F.3d 752 (D.C. Cir. 2012)]. The Court held that after six months from when a workplace injury or illness was to have been recorded, OSHA did not have the authority to cite an employer for not recording it.

This means citations for recordkeeping violations can be issued for up to six months after the retention period. In addition, the duty does not expire even if the employer failed to create the necessary records when first required to do so.

For more information, please contact Marie Gargas.