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.
To obtain more information, please contact the Barnes & Thornburg Labor & Employment attorney with whom you work, or a leader of the firm’s Labor & Employment Law Department in the following offices:
Kenneth J. Yerkes
John T.L. Koenig
David B. Ritter
William A. Nolan
Mark S. Kittaka
Robert W. Sikkel
Peter A. Morse
Scott J. Witlin
Teresa L. Jakubowski
Janilyn Brouwer Daub
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