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. This final rule becomes effective today (May 3, 2017).
PLEASE NOTE: there are NO revisions in this notice to the following controversial additions:
1904.36 – Prohibition against discrimination (e.g. (post accident drug testing)
1904.39 – Reporting fatalities, hospitalizations, amputations, and losses of an eye as a result of work-related incidents to OSHA
1904.41 – Electronic submission of injury and illness records to OSHA (due to start on July 1, 2017)
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