The Occupational Safety and Health Administration (OSHA) has published a new final rule revising recordkeeping and reporting requirements. OSHA’s summary of its new final rule can be found here and the full text of the recordkeeping regulations can be found here.
While a lot of buzz is occurring around the new electronic submission requirements that become effective Jan. 1, 2017, there are significant developments not explicitly referenced in the regulations, which require action by Aug. 10, 2016, or employers risk citation by OSHA. These are contained in the preamble explaining what OSHA feels would be an “unreasonable reporting policy” or that would constitute “discrimination.” Whether these comments to the new rule will ultimately be upheld by administrative judges and the courts is unclear, but they do represent OSHA’s intended enforcement positions. For state plans, the new rules will be effective at a later time depending on the state, but it will be no longer than six months.
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