The phone system in our main headquarters is not functioning currently. As we work to solve this issue with our provider, please email support@Lion.com if you need assistance with online training or info@Lion.com for other questions or training inquiries. Thank you—and Happy Holidays!
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

Lion is easily and consistently the best option for compliance training. I've learned new information from every instructor I've had.

Rachel Mathis

EHS Specialist

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

These are the best classes I attend each year. I always take something away and implement improvements at my sites.

Kim Racine

EH&S Manager

I chose Lion's online webinar because it is simple, effective, and easily accessible.

Jeremy Bost

Environmental Health & Safety Technician

This is a very informative training compared to others. It covers everything I expect to learn and even a lot of new things.

Quatama Jackson

Waste Management Professional

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

Tom Berndt

HSE Coordinator

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

The course was very well structured and covered the material in a clear, concise manner.

Ian Martinez

Hazmat Shipping Professional

Excellent class, super instructor, very easy to follow. No rushing through material. Would like to take his class again.

Lawrence Patterson

EH&S Facility Maintenance & Security Manager

You blew the doors off the competition!

Stephen Bieschke

Facilities Manager

Download Our Latest Whitepaper

Hazardous materials shipment rejections bear a big cost. Use this guide to end operational and logistical disruptions that severely impact your bottom line.

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.