OSHA has issued a final rule that further emphasizes an employer’s ongoing responsibility to have accurate records of each recordable injury and illness, which will become effective on January 18, 2017. Employers are required to keep records for work-related injuries and illnesses for a five-year period and this new rule clarifies that they are required to update these records within this period.
This final rule comes from the United States Court of Appeals for the District of Columbia Circuit decision from the AKM LLC v. Secretary of Labor (Volks) case. It was found that OSHA’s recordkeeping regulations did not specifically require the continuation of recordkeeping responsibilities for an employer. Therefore, this rule intends to clarify that the regulations do require the continuation of recordkeeping for work-related injuries or illnesses. However, this rule does not require additional compliance requirements or the creation of records that have not been required in the past.