[Federal Register Volume 82, Number 84 (Wednesday, May 3, 2017)]
[Rules and Regulations]
[Pages 20548-20549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08754]
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DEPARTMENT OF LABOR
Occupational Safety and Health Administration
29 CFR Part 1904
[Docket No. OSHA-2015-0006]
RIN 1218-AC84
Clarification of Employer's Continuing Obligation To Make and
Maintain an Accurate Record of Each Recordable Injury and Illness
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Final rule.
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SUMMARY: Under the Congressional Review Act, Congress has passed, and
the President has signed, Public Law 115-21, a resolution of
disapproval of OSHA's final rule titled, "Clarification of Employer's
Continuing Obligation to Make and Maintain an Accurate Record of each
Recordable Injury and Illness." OSHA published the rule, which
contained various amendments to OSHA's recordkeeping regulations, on
December 19, 2016. The amendments became effective on January 18, 2017.
Because Public Law 115-21 invalidates the amendments to OSHA's
recordkeeping regulations contained in the rule promulgated on December
19, 2016, OSHA is hereby removing those amendments from the Code of
Federal Regulations.
DATES: This final rule becomes effective on May 3, 2017.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Mr. Frank Meilinger, Director, Office of
Communications, OSHA, U.S. Department of Labor, Room N-3647, 200
Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
1999; email meilinger.francis2@dol.gov.
Technical inquiries: Ms. Mandy Edens, Director, Directorate of
Technical Support and Emergency Management, OSHA, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW., Washington, DC 20210;
telephone (202) 693-2270; email edens.mandy@dol.gov.
Copies of this Federal Register notice and news releases:
Electronic copies of these documents are available at OSHA's Web page
at http://www.osha.gov.
SUPPLEMENTARY INFORMATION: On December 19, 2016, OSHA issued a final
rule titled, "Clarification of Employer's Continuing Obligation to
Make and Maintain an Accurate Record of Each Recordable Injury and
Illness." See 81 FR 91792. The final rule, which became effective on
January 18, 2017, resulted in various amendments to OSHA's
recordkeeping regulations clarifying that the duty to make and maintain
accurate records of work-related injuries and illnesses is an ongoing
obligation. On March 1, 2017 (Cong. Rec. pp. H1421-H1430), the House of
Representatives passed a resolution of disapproval (H.J. Res. 83) of
the rule under the Congressional Review Act (5 U.S.C. 801 et seq.). The
Senate then passed H.J. Res. 83 on March 22, 2017. President Trump
signed the resolution into law as Public Law 115-21 on April 3, 2017.
Accordingly, OSHA is hereby removing the affected amendments to the
recordkeeping regulations from the Code of Federal Regulations.
List of Subjects in 29 CFR Part 1904
Health statistics, Occupational safety and health, Safety,
Reporting and recordkeeping requirements, State plans.
Accordingly, the Occupational Safety and Health Administration
amends part 1904 of title 29 of the Code of Federal Regulations as
follows:
PART 1904--RECORDING AND REPORTING OCCUPATIONAL INJURIES AND
ILLNESSES
0
1. Revise the authority citation for part 1904 to read as follows:
Authority: 29 U.S.C. 657, 658, 660, 666, 669, 673, Secretary of
Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).
0
2. Revise Sec. 1904.0 to read as follows:
Sec. 1904.0 Purpose.
The purpose of this rule (part 1904) is to require employers to
record and report work-related fatalities, injuries, and illnesses.
Note to Sec. 1904.0: Recording or reporting a work-related
injury, illness, or fatality does not mean that the employer or
employee was at fault, that an OSHA rule has been violated, or that
the employee is eligible for workers' compensation or other
benefits.
Subpart C--Recordkeeping Forms and Recording Criteria
0
3. Revise the heading of subpart C to read as set forth above.
0
4. In Sec. 1904.4, remove the note to Sec. 1904.4(a) and revise
paragraph (a) introductory text to read as follows:
Sec. 1904.4 Recording criteria.
(a) Basic requirement. Each employer required by this part to keep
records of fatalities, injuries, and illnesses must record each
fatality, injury and illness that:
* * * * *
0
5. Revise Sec. 1904.29(b)(3) to read as follows:
Sec. 1904.29 Forms.
* * * * *
(b) * * *
(3) How quickly must each injury or illness be recorded? You must
enter each recordable injury or illness on the OSHA 300 Log and 301
Incident Report within seven (7) calendar days of receiving information
that a recordable injury or illness has occurred.
* * * * *
0
6. Revise the heading and paragraphs (a) and (b)(1) of Sec. 1904.32 to
read as follows:
Sec. 1904.32 Annual summary.
(a) Basic requirement. At the end of each calendar year, you must:
(1) Review the OSHA 300 Log to verify that the entries are complete
and accurate, and correct any deficiencies identified;
(2) Create an annual summary of injuries and illnesses recorded on
the OSHA 300 Log;
(3) Certify the summary; and
(4) Post the annual summary
(b) * * *
(1) How extensively do I have to review the OSHA 300 Log entries at
the end of the year? You must review the entries as extensively as
necessary to make sure that they are complete and correct.
* * * * *
0
7. Revise the heading and paragraph (b) of Sec. 1904.33 to read as
follows:
Sec. 1904.33 Retention and updating.
* * * * *
(b) Implementation--(1) Do I have to update the OSHA 300 Log during
the five-year storage period? Yes, during the storage period, you must
update your stored OSHA 300 Logs to include newly discovered recordable
injuries or illnesses and to show any changes that have occurred in the
classification of previously recorded injuries and illnesses. If the
description or outcome of a case changes, you must remove or line out
the original entry and enter the new information.
(2) Do I have to update the annual summary? No, you are not
required to update the annual summary, but you may do so if you wish.
(3) Do I have to update the OSHA 301 Incident Reports? No, you are
not required to update the OSHA 301 Incident Reports, but you may do so
if you wish.
0
8. Revise Sec. 1904.34 to read as follows:
Sec. 1904.34 Change in business ownership.
If your business changes ownership, you are responsible for
recording and reporting work-related injuries and illnesses only for
that period of the year during which you owned the establishment. You
must transfer the part 1904 records to the new owner. The new owner
must save all records of the establishment kept by the prior owner, as
required by Sec. 1904.33 of this part, but need not update or correct
the records of the prior owner.
0
9. Revise paragraphs (b)(2) introductory text and (b)(2)(iii) of Sec.
1904.35 to read as follows:
Sec. 1904.35 Employee involvement.
* * * * *
(b) * * *
(2) Do I have to give my employees and their representatives access
to the OSHA injury and illness records? Yes, your employees, former
employees, their personal representatives, and their authorized
employee representatives have the right to access the OSHA injury and
illness records, with some limitations, as discussed below.
* * * * *
(iii) If an employee or representative asks for access to the OSHA
300 Log, when do I have to provide it? When an employee, former
employee, personal representative, or authorized employee
representative asks for copies of your current or stored OSHA 300
Log(s) for an establishment the employee or former employee has worked
in, you must give the requester a copy of the relevant OSHA 300 Log(s)
by the end of the next business day.
* * * * *
Subpart E--Reporting Fatality, Injury and Illness Information to
the Government
0
10. Revise the heading of subpart E to read as set forth above.
0
11. Revise the heading and paragraph (a) of Sec. 1904.40 to read as
follows:
Sec. 1904.40 Providing records to government representatives.
(a) Basic requirement. When an authorized government representative
asks for the records you keep under part 1904, you must provide copies
of the records within four (4) business hours.
* * * * *
Signed at Washington, DC, on April 25, 2017.
Dorothy Dougherty,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-08754 Filed 5-2-17; 8:45 am]
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