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

The instructor was very dedicated to providing a quality experience. She did her best to make sure students were really comprehending the information.

Stephanie Venn

Inventory Control Specialist

I was recently offered an opportunity to take my training through another company, but I politely declined. I only attend Lion Technology workshops.

Stephanie Gilliam

Material Production/Logistics Manager

I can't say enough how pleased I was with this course! Everything finally makes sense.

Kim Graham

Lab Manager

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

Brody Saleen

Registered Environmental Health Specialist

More thorough than a class I attended last year through another company.

Troy Yonkers

HSES Representative

The workshop covered a lot of information without being too overwhelming. Lion is much better, more comprehensive than other training providers.

George Alva

Manufacturing Manager

Having the tutorial buttons for additional information was extremely beneficial.

Sharon Ziemek

EHS Manager

Amazing instructor; real-life examples. Lion training gets better every year!

Frank Papandrea

Environmental Manager

The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.

Linda Arlen

Safety & Environmental Compliance Officer

As always, Lion never disappoints

Paul Resley

Environmental Coordinator

Download Our Latest Whitepaper

Your hazmat paperwork is the first thing a DOT inspector will ask for during an inspection. From hazmat training records to special permits, make sure your hazmat documents are in order.

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.