• Publication Date:
  • Publication Type:
    Final Rule
  • Fed Register #:
    82:20548-20549
  • Standard Number:
  • Title:
    Clarification of Employer's Continuing Obligation To Make and Maintain an Accurate Record of Each Recordable Injury and Illness
  [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.

  -----------------------------------------------------------------------

  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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