Failure to Report: An Ongoing OSHA Violation
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
Lion is my preferred trainer for hazmat and DOT.
I can take what I learned in this workshop and apply it to everyday work and relate it to my activities.
The instructor was excellent. They knew all of the material without having to read from a notepad or computer.
More thorough than a class I attended last year through another company.
Lion is easily and consistently the best option for compliance training. I've learned new information from every instructor I've had.
Lion provided an excellent introduction to environmental regulations, making the transition to a new career as an EHS specialist less daunting of a task. Drinking from a fire hose when the flow of water is lessened, is much more enjoyable!
Lion courses always set the bar for content, reference, and practical application. Membership and access to the experts is an added bonus.
John Brown, CSP
Director of Safety & Env Affairs
The instructor clearly enjoys his job and transmits that enthusiasm. He made a dry subject very interesting and fun.
This is the best RCRA training I've experienced! I will be visiting Lion training again.
Cynthia L. Logsdon
Principal Environmental Engineer
I chose Lion's online webinar because it is simple, effective, and easily accessible.
Environmental Health & Safety Technician
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.