Lion.com will be offline for scheduled maintenance for one hour at 5 PM ET on Friday, November 14.
Search

Failure to Report: An Ongoing OSHA Violation

Posted on 7/30/2015 by Roger Marks

On July 29, 2015, OSHA proposed a new rule to clarify employers’ injury and illness reporting and recordkeeping (I2P2) responsibilities. Namely, the new rule seeks to make it clear that recording of injuries is an ongoing responsibility—meaning employers must keep records of injuries and illnesses even in cases when the employer failed to record it when first required to do so.
OSHA injury illness reporting
While the proposed rulemaking is largely administrative—employers’ reporting obligations will not change—the “ongoing” nature of reporting violations is important. The OSH Act sets a six-month statute of limitations for OSHA violations. If a violation occurred more than six months ago, the law prohibits an OSHA inspector from issuing a citation. By clarifying that reporting incidents are ongoing violations, OSHA side-steps the six-month statute of limitations. A reporting violation is ongoing until the employer corrects it, and a citation may be issued even when the initial failure to report occurred outside of the six-month window.  

Comparing the ongoing nature of injury and illness reporting violations to court decisions in cases involving unpaid child support (US v. Edelkind), predatory banking practices (Postow v. OBA Federal Savings & Loan), prisoner escape from Federal custody (US v. Bailey), failing to register as a sex offender (US v. George), unregistered immigration (US v. Franklin), and more, OSHA’s proposed rule makes it clear that failure to record an injury or illness is an ongoing violation of Federal work safety standards.

In the new proposed rule, OSHA states, “As long as the employer fails to comply with its ongoing duty to record an injury or illness, there is an ongoing violation of OSHA’s recordkeeping requirements that occurs every day employees work at the site.”

What’s Changing for Employers?

The proposed OSHA recordkeeping rule makes additions, deletions, and wording changes to 29 CFR 1904, to clarify the requirements for employers. Based on preliminary economic analysis, OSHA states that these proposed revisions do not constitute an economically significant regulatory action. The full text of the proposed rule is available here.

Subscribe to Get Insights Direct to Your Inbox

Subscribe to Lion News now for updates and insight on the regulatory actions that affect your facility: OSHA workplace safety; DOT, IATA, and IMDG hazardous materials shipping; and managing compliance with EPA’s hazardous waste, air, water, and chemical standards.

Tags: new, osha, reporting and recordkeeping, rules

Find a Post

Compliance Archives

Lion - Quotes

Course instructor was better prepared and presented better than other trainers. Course manual and references were easier to use as well.

Marty Brownfield

Hazardous Waste Professional

This is the best RCRA training I've experienced! I will be visiting Lion training again.

Cynthia L. Logsdon

Principal Environmental Engineer

I tried other environmental training providers, but they were all sub-standard compared to Lion. I will not stray from Lion again!

Sara Sills

Environmental Specialist

My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material.

Robert Roose

Manager, Dangerous Goods Transportation

Lion courses are the standard to which all other workshops should strive for!

Brody Saleen

Registered Environmental Health Specialist

I will never go anywhere, but to Lion Technology.

Dawn Swofford

EHS Technician

If I need thorough training or updating, I always use Lion. Lion is always the best in both instruction and materials.

Bryce Parker

EHS Manager

Much better than my previous class with another company. The Lion instructor made sense, kept me awake and made me laugh!

Marti Severs

Enterprise Safety Manager

I can take what I learned in this workshop and apply it to everyday work and relate it to my activities.

Shane Hersh

Materials Handler

The instructor took a rather drab set of topics and brought them to life with realistic real-life examples.

Tom Berndt

HSE Coordinator

Download Our Latest Whitepaper

Use this guide as a quick reference to the most common HAZWOPER questions, and get course recommendations for managers and personnel who are in need of OSHA-required HAZWOPER training.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.