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.
Recordkeeping
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…
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…
“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…
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…
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…
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…
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…
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…
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…