Accurate Workplace Injury and Illness Records Restoration Act

Bill: 117-hr-1180
Sponsor: full_name: Rep. Takano, Mark [D-CA-41]
Introduced: 2021-02-18
Policy area: Labor and Employment
Subjects: Administrative law and regulatory procedures

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Department of Labor

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Worker safety and health
Latest action: action_date: 2021-02-18
text: Referred to the House Committee on Education and Labor.

Summaries:
action_date: 2021-02-18
action_desc: Introduced in House
text: <p><b>Accurate Workplace Injury and Illness Records Restoration Act</b></p> <p>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.</p> <p>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.</p> <p>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.</p> <p>In the rule required by the bill, OSHA must clarify that an employer's duty to make and maintain accurate records</p> <ul> <li>is an ongoing obligation,</li> <li>continues for as long as the employer is required to keep records of the recordable injury or illness (typically five years under current OSHA rules), and</li> <li>does not expire solely because the employer fails to create the necessary records when first required to do so. </li> </ul>

tv_txt: I 117th CONGRESS 1st Session H. R. 1180 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.

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.