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 expands the authority of the Occupational Safety and Health Administration (OSHA) to cite employers for workplace safety violations and requires OSHA to issue a rule on record keeping related to workplace injuries.
Under current law OSHA may cite employers only during the six-month period following a violation. This bill provides that, for a violation that occurs over a period of time, the six-month period does not begin until the violation has ended.
The bill also requires OSHA to issue a rule on maintaining records of workplace injuries and illnesses. Congress nullified a similar rule on April 3, 2017.
In the rule required by the bill, OSHA must clarify that an employer's duty to make and maintain accurate records

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1180 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 1180

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

                           February 18, 2021

    Mr. Takano (for himself, Mr. Scott of Virginia, Ms. Adams, Mr. 
   Courtney, and Mr. Jones) introduced the following bill; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 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.
                                 <all>