The Occupational Safety and Health Administration
on Monday will issue a final rule that
clarifies an employer’s continuing obligation to make and maintain an accurate
record of each recordable injury and illness. The final rule becomes effective
Jan. 18, 2017.
OSHA’s longstanding position has been that an
employer’s duty to record an injury or illness continues for the full five-year
record-retention period, and this position has been upheld by the Occupational
Safety and Health Review Commission in cases dating back to 1993. In 2012, the
D.C. Circuit issued a decision in AKM LLC v. Secretary of Labor
(Volks) reversing the Commission and rejecting OSHA’s position on
the continuing nature of its prior recordkeeping regulations.
The new final rule more clearly states employers’
obligations. “This rule simply returns us to the standard practice of the last
40 years,” said Assistant Secretary of Labor for Occupational Safety and Health
Dr. David Michaels. “It is important to keep in mind that accurate records are
not just paperwork; they have a valuable and potentially life-saving purpose.”
The amendments in the final rule add no new
compliance obligations and do not require employers to make records of any
injuries or illnesses for which records are not already required.
Under the Occupational Safety and Health Act of
1970, employers are responsible for providing safe and healthful workplaces for
their employees. OSHA’s role is to ensure these conditions for America’s
working men and women by setting and enforcing standards, and providing
training, education and assistance. For more information, visit www.osha.gov.
recently issued a Request for Information (RFI) on preventing workplace
violence in healthcare and social assistance settings and announced a public stakeholder meeting on January 10, 2017 for
interested parties. The RFI was published in the Federal Register on
December 7, 2016 to solicit more detailed information on topics such as
effective strategies for reducing incidents of violence in various healthcare
and social assistance settings. The stakeholder meeting is intended to
supplement written comments by allowing workers to share their personal
experiences with workplace violence. Additional sessions will focus on both
challenges and success stories from businesses, workers, their representatives,
and experts.For more information, see
the OSHA news release.
for Information: This was published in the Federal Register on
December 7, 2016. Comments and materials may be submitted electronically
the Federal eRulemaking Portal, or via mail, facsimile or hand delivery.
The submission deadline is April 4, 2017. Check the OSHA website for a link to the
Federal Register Notice.
Most of the rule will become effective 60 days (January 2017)
after publication in the Federal Register, but some provisions have delayed
effective dates, including:
Ensuring exposed workers are trained on fall hazards (6 months),
Ensuring workers who use equipment covered by the final rule are trained (6
Inspecting and certifying permanent anchorages for rope descent systems (1
personal fall arrest or ladder safety systems on new fixed ladders over 24 feet
and on replacement ladders/ladder sections, including fixed ladders on outdoor
advertising structures (2 years),
existing fixed ladders over 24 feet, including those on outdoor advertising
structures, are equipped with a cage, well, personal fall arrest system, or
ladder safety system (2 years), and
cages and wells (used as fall protection) with ladder safety or personal fall
arrest systems on all fixed ladders over 24 feet (20 years).
Private classses are available and will cover the new General industry OSHA standard and other fall hazards
in industry. Students will receive a copy of the new standard and a picture ID
Call Callie Cordoba, Operations Manager at 708-449-8600 to
schedule your private class today.