OSHA Update

Rules and regulations promulgated by OSHA, the Occupational Safety & Health Administration, affect employers all over the country. Here are two you should be aware of.

OSHA is amending its recordkeeping regulations to clarify that employers have an ongoing obligation to make and maintain accurate records of work-related injuries and illnesses. The new rules clarify that an employer must keep records of the recordable injury or illness; the duty does not expire just because the employer failed to create the necessary records when first required to do so. 

OSHA adopted the amendments in response to a decision by the United States Court of Appeals for the District of Columbia Circuit in a 2012 court case, AKM L.L.C. v. Secretary of Labor (Volks). The Court of Appeals rejected OSHA’s attempt to fine Volks Constructors for failing to properly record certain workplace injuries and maintain its injury log more than six months after the last unrecorded injury occurred. OSHA agreed that its recordkeeping regulations were not clear, but disagreed on the ruling. This final rule is designed to clarify the regulations in advance of possible future federal court litigation that could further develop the law on the statutory issues addressed in the D.C. Circuit’s decision. 

The Inflation Adjustment Act and its amendments require federal agencies to make annual adjustments to fines and penalties for inflation. To complete the 2017 annual adjustment, OSHA multiplied the most recent penalty amount for each applicable penalty by 1.01636 and rounded to the nearest dollar. For penalties assessed after January 13, 2017, whose associated violations occurred after November 2, 2015, the higher penalty amounts outlined in this rule will apply. The table below shows the penalty amounts that apply:

For more information, please contact the CRA ProRental™ Insurance Program professionals of EPIC/Jenkins Insurance brokers for assistance at (800) 234-6363, or email us at prorental@epicbrokers.com.