OSHA’s recordkeeping laws are changing again. This time the “clarification”, as OSHA defines is really a dismissal of the 2012 DC Circuit court decision on limitations for OSHA to cite employers for failure of complying with recordkeeping regulations. This regulation overturns the Volks decision without an appeal to Supreme Court!
This webinar will bring you up to speed on the new regulation, the financial impact on employers and effective compliant dates.
Abstract as posted on the Office of Information and Regulatory Affairs:
“OSHA is proposing to amend its recordkeeping regulations to clarify that the duty to make and maintain accurate records of work-related injuries and illnesses is an ongoing obligation. The duty to make and maintain an accurate record of an injury or illness continues for as long as the employer must keep and make available records for the year in which the injury or illness occurred. The duty does not expire if the employer fails to create the necessary records when first required to do so. OSHA is issuing this proposed rule because of the decision of the U.S. Court of Appeals for the D.C. Circuit in AKM LLC v. Secretary of Labor, 675 F.3d 752 (D.C. Cir. 2012)”
Why Should You Attend:
You should attend this webinar to learn how to avoid being cited by OSHA under this regulation, by understanding the requirements of it. This webinar will outline the major elements of the new ruling and provide lessons learned techniques.
As an employer, it is your responsibility to know and understand changes in the regulations pertaining to recordkeeping. This webinar will help you not be “blindsided” by the change.
Areas Covered in this Webinar:
Areas covered in this webinar will benefit participants in many ways. First, we will review the 7/29/2015 Notice of Proposed Rulemaking (NPRM) and compare it with the final regulation. Secondly, we will review the sections of the CFR that are applicable to the new ruling, such as;
CFR Citation: 29 CFR 1904.0 29 CFR 1904.4 29 CFR 1904.29 29 CFR 1904.32 29 CFR 1904.33 29 CFR 1904.35 29 CFR 1904.40.
Thirdly, we will discuss the continuation of maintaining your injury data for 5 years and 6 months.
Understand how OSHA defines keeping recordkeeping logs accurate is “continuing duty”
Explain how the Statue of limitations for recordkeeping violations becomes 6 months and 5 years
Define what the Volks decision was, and why it is important to know and understand
Describe how OSHA’s effort in the new regulation undoes a D.C. decision in Volks case that OSHA could only cite recordkeeping violation within 6 months of the injury/illness date
Who Will Benefit:
Occupational Safety Consultants
General Industry Business Owners
Construction Business Owners
Mr. Michael Aust is the Senior Safety Specialist at 1030 Communications, LLC. Mr. Aust has a Master of Science in Occupational Safety, Health and Environmental Management and is a Certified Environmental Compliance Manager. Mr. Aust also served as the management representative for various safety and environmental management systems throughout his career. He is an Authorized OSHA Outreach Instructor for both General Industry and Construction Industry.
Michael has provided safety management expertise and regulatory compliance to a variety of industries since 1995. His extensive experience in the safety and health field has been earned from working in a variety of different types of organizations within the private sector. He has developed and implemented safety management systems for organizations without such processes and has helped mature management systems for Fortune 50 and Fortune 100 companies.
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