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OSHA Still Considering Revising Electronic Recordkeeping Rule

With the December 1, 2017 deadline fast approaching for covered employers to electronically submit injury and illness records to OSHA, the Agency has indicated that it is close to completing its review to the Obama-era Improve Tracking of Workplace Injuries and Illnesses final rule.  In a Status Report filed on October 10, 2017 with U.S. District Court for the Western District of Oklahoma which has stayed litigation over the rule pending further rulemaking, the Department of Justice (“DOJ”) indicated that OSHA continues to develop a Notice of Proposed Rulemaking (“NPRM”) to “reconsider, revise, or remove provisions of the [Rule]” as announced in the July 20, 2017 Office of Information and Regulatory Affairs’ regulatory agenda.

DOJ went on to state that it understands that OSHA has “drafted substantial portions of the NPRM, including draft regulatory text and a summary and explanation of the proposed changes, and that OSHA’s economists have made significant progress on the economic analysis and continue to refine it.  Once the analysis is finalized, the draft NPRM will proceed through the agency clearance process.”

The Status Report gives no indication as to when this process will be completed or when the NPRM will be published.  Many industry groups and the Commerce Department have urged the new administration and OSHA to eliminate provisions under the rule that would make employer injury and illness data publically available online and which would restrict existing employer policies such as safety incentive programs and post-accident drug testing.

Unfortunately, the filing does not reveal what parts of the rule may be subject to revision or removal.  There are some expectations that OSHA will maintain the electronic reporting requirements but will not make the information publically available. OSHA may also eliminate the rule’s anti-retaliation provisions.

We will provide updated information once we know more about any proposed changes to the rule.

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Jackson Lewis P.C. © 2021National Law Review, Volume VII, Number 296
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About this Author

Raymond Perez, Attorney, Jackson Lewis Law Firm, FLSA, Atlanta, Georgia
Of Counsel

Raymond “Ray” Perez is of Counsel in the Atlanta, Georgia, office of Jackson Lewis P.C. 

Mr. Perez practices in all areas of labor and employment law with a focus on FLSA/Wage-Hour laws, employment discrimination, immigration matters, unemployment compensation, occupational safety and health (OSHA), affirmative action programs and policies (OFCCP), employment policies and handbooks, personnel and Form I-9 audits, contract issues, federal contractor provisions and responsibilities, litigation in all forums and litigation avoidance and defense...

404-586-1895
Tressi Cordaro, Occupational safety health attorney, Jackson Lewis, enforcement agency lawyer, labor litigation legal counsel
Principal

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She advises and represents employers on occupational safety and health matters before federal and state OSHA enforcement agencies.

Ms. Cordaro has advised employers faced with willful and serious citations as the result of catastrophic events and fatalities, including citations involving multi-million dollar penalties. Ms. Cordaro’s approach to representing an employer cited by OSHA is to seek an efficient resolution of contested...

703-483-8300
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