OSHA Final Rule Makes Injury and Illness Recordkeeping an Ongoing Obligation

Posted on 12/19/2016 by Roger Marks

In today’s Federal Register, the Occupational Health & Safety Administration (OSHA) posted a Final Rule to amend the injury and illness reporting and recordkeeping regulations. With this Final Rule, OSHA clarifies that keeping complete and accurate records of workplace injuries and illnesses is an “ongoing obligation” for employers.

In other words, when an employer fails to record an injury or illness within seven days as required by 29 CFR 1904.29(b)(3), the employer still must record the injury or illness.
As OSHA puts it in the Final Rule, “An employer who fails to create a required record during the seven-day grace period provided for in 1904.29(b)(3) must still create the record so long as the (five year) retention period has not elapsed*.”  

*Under 29 CFR 1904.33, employers must keep records of workplace injury and illness for five years following the date of the incident.

View the OSHA Final Rule here. The Final Rule takes effect January 18, 2017.

What Does This OSHA Final Rule Mean for Employers?

The Final Rule makes it even more crucial that employers properly record injuries and illnesses in the workplace. If an employer failed to record a specific injury or illness in the past, now is the time to go back and record it. Better late than never.
Otherwise, OSHA may levy a penalty for each day the injury or illness was not properly recorded following the seven-day grace period provided under §1904.29(b)(3). In 2016, OSHA increased its fines for 29 CFR work safety violations for the first time in 25 years. 

What Is a Reportable Injury Under 29 CFR?

Employers subject to 29 CFR 1904 must record workplace injuries as they occur and post a summary in a public location at the start of each year to inform employees. Employers in non-exempt industries with ten or more full-time-equivalent employees (including temporary workers and contractors) must record each fatality, injury, or illness that:

  1. Is work-related,
  2. Is a new case, and
  3. Results in death; days away from work, on restricted work, or transferred from usual work (DART); medical treatment beyond first aid, loss of consciousness; or a "significant injury or illness" as diagnosed by medical professional.
Have questions about what kinds of injuries are “work related” or what to record on your OSHA 300 log? Read OSHA Answers Form 300 Questions.  

Tags: new, osha, reporting and recordkeeping, rules, safety

Find a Post

Compliance Archives

Lion - Quotes

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

I used the IT support number available and my issue was resolved within a few minutes. I don't see anything that could have made it better.

Danny Province

EHS Professional

The instructor was excellent. They knew all of the material without having to read from a notepad or computer.

Gary Hartzell

Warehouse Supervisor

These are the best commercial course references I have seen (10+ years). Great job!

Ed Grzybowski

EHS & Facility Engineer

My experience with Lion classes has always been good. Lion Technology always covers the EPA requirements I must follow.

Steven Erlandson

Environmental Coordinator

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

Cynthia L. Logsdon

Principal Environmental Engineer

I like Lion's workshops the best because they really dig into the information you need to have when you leave the workshop.

Tom Bush, Jr.

EHS Manager

This training broke down the regulations in an easy-to-understand manner and made them less overwhelming. I now feel I have the knowledge to make more informed decisions.

Amanda Oswald

Shipping Professional

Having the tutorial buttons for additional information was extremely beneficial.

Sharon Ziemek

EHS Manager

Best instructor ever! I was going to take my DOT training w/a different provider, but based on this presentation, I will also be doing my DOT training w/Lion!

Donna Moot

Hazardous Waste Professional

Download Our Latest Whitepaper

This report details major changes for hazardous waste generators from US EPA’s Generator Improvements Rule, as well as the latest updates from states that are still working to adopt new, stricter Federal requirements.

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.