Accurate Workplace Injury and Illness Records Restoration Act

Bill: 115-hr-2428
Sponsor: full_name: Rep. Takano, Mark [D-CA-41]
Introduced: 2017-05-16
Policy area: Labor and Employment
Subjects: Administrative law and regulatory procedures

Business records

Department of Labor

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Worker safety and health
Latest action: action_date: 2017-05-16
text: Referred to the House Committee on Education and the Workforce.

Summaries:
action_date: 2017-05-16
action_desc: Introduced in House
text: <p><b>Accurate Workplace Injury and Illness Records Restoration Act</b></p> <p>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. </p> <p>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.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 2428 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.

1. Short title This Act may be cited as the Accurate Workplace Injury and Illness Records Restoration Act . 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). . 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.