Title: Accurate Workplace Injury and Illness Records Restoration Act
Policy area: Labor and Employment

Summary:
Accurate Workplace Injury and Illness Records Restoration Act
This bill amends the Occupational Safety and Health Act of 1970 to specify that the Occupational Safety and Health Administration (OSHA) may issue a citation for a violation of workplace safety requirements within the six-month period following an employer satisfying the requirements. Current law includes a limitation period that prevents OSHA from issuing citations six months after the occurrence of a violation. Thus, this bill specifies that the statute of limitations is tolled if there is a continuing violation of the requirements.
OSHA must issue a rule that amends its record keeping regulations to clarify that the duty to make and maintain accurate records of work-related injuries and illnesses: (1) is an ongoing obligation, (2) continues for as long as the employer is required to keep records of the recordable injury or illness, and (3) does not expire solely because the employer fails to create the necessary records when first required to do so.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2428 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2428

To amend the Occupational Safety and Health Act of 1970 to clarify when 
the time period for the issuance of citations under such Act begins and 
   to require a rule to clarify that an employer's duty to make and 
maintain accurate records of work-related injuries and illnesses is an 
                          ongoing obligation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2017

   Mr. Takano (for himself, Mr. Scott of Virginia, Mr. Courtney, Mr. 
 Norcross, Ms. Bonamici, Mr. Soto, Mr. Sablan, Ms. Wilson of Florida, 
 Mr. DeSaulnier, Ms. Shea-Porter, Mr. Polis, Mr. Gene Green of Texas, 
 Mr. Espaillat, Mr. Visclosky, and Mr. Pocan) introduced the following 
    bill; which was referred to the Committee on Education and the 
                               Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Occupational Safety and Health Act of 1970 to clarify when 
the time period for the issuance of citations under such Act begins and 
   to require a rule to clarify that an employer's duty to make and 
maintain accurate records of work-related injuries and illnesses is an 
                          ongoing obligation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accurate Workplace Injury and 
Illness Records Restoration Act''.

SEC. 2. PERIOD FOR ISSUANCE OF A CITATION.

    Section 9(c) of the Occupational Safety and Health Act of 1970 (29 
U.S.C. 658(c)) is amended by adding at the end the following: ``For 
purposes of this subsection, a violation continues to occur for as long 
as an employer has not satisfied the requirements, rules, standards, 
orders, and regulations referenced in subsection (a).''.

SEC. 3. RULEMAKING.

    (a) Rule Required.--Not later than 180 days after the date of 
enactment of this Act, the Occupational Safety and Health 
Administration shall issue a final rule amending its recordkeeping 
regulations under section 8(c) of the Occupational Safety and Health 
Act to clarify that--
            (1) the duty to make and maintain accurate records of work-
        related injuries and illnesses is an ongoing obligation;
            (2) the duty to make and maintain such records continues 
        for as long as the employer is required to keep records of the 
        recordable injury or illness; and
            (3) such duty does not expire solely because the employer 
        fails to create the necessary records when first required to do 
        so.
    (b) Authorization.--Subsection (a) shall be considered a specific 
authorization by Congress in accordance with section 801(b)(2) of title 
5, United States Code, with respect to the issuance of a new 
recordkeeping rule.
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