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OSHA Law Blog

Tag Archives: Recordkeeping

OSHA’s Proposed Electronic Recordkeeping Rule

The Occupational Safety and Health Administration’s (“OSHA”) Notice of Proposed Rulemaking to “Improve Tracking of Workplace Injuries and Illnesses” was published in the Federal Register on November 8, 2013.  The proposed rule amends the recordkeeping regulations to add three new requirements for the electronic submission of injury and illness information to OSHA.  In addition, OSHA… Continue Reading

Construction Employers: What to Expect in 2013!

With the election right around the corner, many employers are starting to speculate about what OSHA initiatives might be coming down the pike in 2013.  Click here for an interesting article examining possible initiatives for 2013 for the construction industry.

D.C. Circuit Vacates Recordkeeping Citations as Outside Statute of Limitations

Vacating citations issued by OSHA for violations of the Occupational Safety and Health Act’s recordkeeping requirements, the U.S. Court of Appeals for the District of Columbia Circuit has held that the citations were untimely and barred by the Act’s six-month statute of limitations.  Click here for a full discussion of the decision. 

Employers Must Post the OSHA 300A by February 1

Employers covered by OSHA’s recordkeeping rule must prepare and post the OSHA Form 300A, “Summary of Work-Related Injuries and Illnesses,” by February 1 and keep the form posted until April 30.  The form must be posted at each establishment covered, in a conspicuous place where notices to employees are customarily posted. After the form is completed, but before… Continue Reading

Exercise Regime Constitutes Medical Treatment for OSHA Recordability

Following its recent interpretation that "therapeutic exercise" constitutes medical treatment for OSHA recordability purposes, OSHA has now stated that an exercise regime recommended by a Certified Athletic Trainer for an employee who exhibits any signs or symptoms of a work-related injury involves medical treatment and is a recordable case.  OSHA made this interpretation in a letter recently posted… Continue Reading

“Therapeutic Exercise” Considered Medical Treatment for OSHA Recordkeeping Purposes

In a newly released letter of interpretation, OSHA has concluded that "therapeutic exercise" recommended by a health care professional in response to minor work-related "pain" constitutes medical treatment under OSHA’s recordkeeping rule. OSHA was asked whether exercises recommended for a short period of time by an on-site health care professional when an employee is experiencing minor… Continue Reading

OSHA Proposes Requiring New Industries Keep OSHA 300 Logs, Adds More Stringent Reporting Obligations

OSHA has proposed changing the industries that would be generally exempt from maintaining regular workplace injury and illness records. Employers in exempt industries are not required to maintain OSHA 300 Logs, complete OSHA 301 incident report forms, or complete the OSHA 300A annual summary forms. OSHA’s proposed rule also would require employers to report workplace amputations… Continue Reading

Review Commission Holds Employers Accountable for Recordkeeping Inaccuracies During Five Year Retention Period

In a much anticipated decision, the Occupational Safety and Health Review Commission (Commission) has ruled that OSHA can enforce its requirement for employers to record work-related injuries and illnesses on the OSHA 300 Log even when the employer’s duty to record the injuries and illnesses occurred more than six months before the issuance of the citation.  The employer… Continue Reading

OSHA to Hold Teleconferences on MSD Column Rule

OSHA announced today that it will be holding a series of three teleconferences, in partnership with the Small Business Administration’s Office of Advocacy, on OSHA’s proposed musculoskeletal disorder (MSD) column rule.  The teleconferences are designed to provide small businesses the opportunity to weigh-in on "their experiences in recording work-related MSDs and how they believe the proposed rule would… Continue Reading

OSHA Temporarily Withdraws MSD Column Rule From OMB Review

The Department of Labor has just announced that OSHA is temporarily withdrawing from review by the Office of Management and Budget (OMB) its proposed rule to restore a column for musculoskeletal disorders (MSDs) on employer injury and illness logs. The rule, originally proposed last year, would have required employers to “check a box” in a separate column on the… Continue Reading

Employers: Time to Prepare And Post Your OSHA 300A

It’s that time of year again!  Employers covered by OSHA’s recordkeeping rule must prepare and post the OSHA Form 300A "Summary of Work-Related Injuries and Illnesses" by February 1 and keep the form posted until April 30.  The form must be posted at each establishment covered, in a conspicuous place where notices to employees are customarily posted. After… Continue Reading

OMB Extends Review of OSHA’s MSD Column Rule

In a surprise and rare move, the Office of Management and Budget (OMB) has extended its review of OSHA’s Occupational Injury Recording and Reporting Requirements Rule — Musculoskeletal Disorders (MSD) Column.  The rule, originally proposed this year, would require employers to “check a box” in a separate column on the OSHA 300 log – an “MSD”… Continue Reading

OSHA to Speak on Safety Incentive Programs

On Wednesday, May 12, at 3:00 pm ET, OSHA Assistant Secretary David Michaels will lead a special free webcast related to the issue of safety incentive programs.  Titled "A Conversation with Assistant Secretary for OSHA Dr. David Michaels:  What to do About Safety Incentives," the American Society of Safety Engineers (ASSE) event will discuss "the difference between appropriate… Continue Reading

OSHA Extends Deadline for Submitting Comments on MSD Rule by 15 Days

OSHA has just announced that it is extending by 15 days the public comment period for its proposal to add a separate column on the OSHA 300 log for employers to record work-related musculoskeletal disorders (MSDs).  Those wishing to comment on the proposed rule must now do so by March 30, 2010.  Four separate stakeholders had requested an extension… Continue Reading

OSHA Proposes to Restore MSD Column on “300 Log”

In a move sure to be viewed by some as a prelude to a new ergonomics rulemaking, OSHA has proposed adding a separate column on the OSHA 300 log for employers to record work-related musculoskeletal disorders (MSDs). (The initial 2001 recordkeeping final rule had included an MSD column, but OSHA later deleted that column before the… Continue Reading

OSHA: A Review of 2009

In 2009, OSHA emerged from the regulatory and enforcement shell that had shrouded it during the eight years of the Bush Administration. Once confirmed, Secretary of Labor Hilda Solis announced that a “new Sheriff” was in town, who would refocus the Department of Labor – including OSHA – on tough enforcement and aggressive rulemaking. In both areas, OSHA… Continue Reading

New OSHA Recordkeeping Courses Available

Jackson Lewis and SmartPros Ltd. are pleased to announce the availability of two OSHA recordkeeping courses.  The first is Course 2215, OSHA’s Record-Keeping NEP:  What It Is and What You Need to Do to Prepare, which explains OSHA’s Recordkeeping NEP in detail.  The second is Course 2210, The OSHA Record-Keeping "Great Eight," which goes through eight key principles for OSHA… Continue Reading

Attention on Under-recording of Injuries and Illnesses Grows with Release of GAO Report

The Government Accountability Office (GAO) has released an analysis of OSHA’s efforts to ensure that work-related injuries and illnesses are properly recorded by employers.  Members of Congress had requested that the GAO determine (1) whether DOL verifies that employers are accurately recording workers’ injuries and illnesses and, if so, the adequacy of these efforts, and (2) what factors may affect the… Continue Reading

OSHA’s Recordkeeping National Emphasis Program

OSHA has launched its long-awaited Recordkeeping National Emphasis Program (NEP).  Effective September 30, the NEP will subject employers in certain industries to comprehensive injury and illness records reviews.  Employers in the targeted industries should take time now to review their recordkeeping logs and practices to prepare for an NEP inspection. Here is a special report on the… Continue Reading

OSHA Starts Recordkeeping National Emphasis Program

OSHA has released its much anticipated recordkeeping National Emphasis Program (NEP).  It became effective September 30.  Click here to see the NEP. We will be reviewing the document carefully and pass along to you the key aspects of the program.   

OSHA Enforcement Update

In a speech recently before the Small Business Administration’s safety and health forum in Washington, DC, Richard E. Fairfax, OSHA’s Director of Enforcement and Construction Programs, provided an update on the agency’s key enforcement initiatives. Of particular note, Mr. Fairfax stated: OSHA will be issuing another update to its Field Operations Manual (FOM) in November 2009. The… Continue Reading

George Washington University Professor David Michaels to be Nominated to Head OSHA

President Barack Obama has announced he intends to nominate Professor David Michaels to be the Assistant Secretary of OSHA. Professor Michaels is the interim chair of the Department of Environmental and Occupational Health at the George Washington University School of Public Health in Washington, D.C. If confirmed, Professor Michaels will join Acting Assistant Secretary of OSHA Jordan… Continue Reading

OSHA’s Recordkeeping National Emphasis Program – Are You Prepared?

When OSHA launches its recordkeeping National Emphasis Program (NEP) later this year, employers cannot accuse the agency of inadequate warning. Since early March, OSHA officials have signaled the impending NEP. Employers should take time now to review their OSHA recordkeeping logs and practices to prepare for an NEP inspection. Just last week, OSHA reminded us how seriously… Continue Reading

OSHA Mandates Recordkeeping for Team Building Event

In a new letter of interpretation, OSHA has confirmed that injuries to employees sustained at off-site team-building events are recordable on OSHA logs, so long as the injuries also meet other general recording criteria (such as requiring medical treatment beyond first aid). Employers are encouraged to review their recordkeeping practices to ensure that they are… Continue Reading