Section 1 Short title
This Act may be cited as the “Accurate Workplace Injury and Illness Records Restoration Act”.
Accurate Workplace Injury and Illness Records Restoration Act
A BILL
To amend the Occupational Safety and Health Act of 1970 to clarify when the time period for the issuance of citations under such Act begins and to require a rule to clarify that an employer’s duty to make and maintain accurate records of work-related injuries and illnesses is an ongoing obligation.
Sec. 2 Period for issuance of a citation
Section 9(c) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 658(c)) is amended by adding at the end the following: “For purposes of this subsection, a violation continues to occur for as long as an employer has not satisfied the requirements, rules, standards, orders, and regulations referenced in subsection (a).”.
Sec. 3 Rulemaking
Rule required— Not later than 180 days after the date of enactment of this Act, the Occupational Safety and Health Administration shall issue a final rule amending its recordkeeping regulations under section 8(c) of the Occupational Safety and Health Act 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 such records continues for as long as the employer is required to keep records of the recordable injury or illness; and
such duty does not expire solely because the employer fails to create the necessary records when first required to do so.
Authorization— Subsection (a) shall be considered a specific authorization by Congress in accordance with section 801(b)(2) of title 5, United States Code, with respect to the issuance of a new recordkeeping rule.