Clarification of Employer's Continuing Obligation To Make and Maintain an Accurate Record of Each Recordable Injury and Illness, 20548-20549 [2017-08754]

Agencies

• DEPARTMENT OF LABOR
• Occupational Safety and Health Administration

[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 https://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.

* * * * *

[[Page 20549]]

    (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]
 BILLING CODE 4510-26-P