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ARTICLE · 15 NOVEMBER 2014

OSHA Ramping Up For Rulemaking On "Continuing" Recordkeeping Violations

ArentFox Schiff
ArentFox Schiff
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Recent OSHA activity indicates the agency will soon unveil its proposed rule to make recordkeeping violations "continuing" for purposes of OSHA’s six-month statute of limitations (SOL).

United StatesEmployment and HR
Mark Dreux
Mark Dreux
Matt Thorne
Matt Thorne

Recent OSHA activity indicates the agency will soon unveil its proposed rule to make recordkeeping violations "continuing" for purposes of OSHA's six-month statute of limitations (SOL).  In addition to placing the rule on its Spring 2014 Regulatory Agenda, OSHA most recently announced the rule will be on the Advisory Committee on Construction Safety and Health's (ACCSH) agenda for its December 3-4, 2014 meeting. According to the expected amendment, recordkeeping will become an ongoing obligation. This means the six-month period to issue a citation will restart every day an employer fails to correct an existing violation. If promulgated, the rule could significantly expand OSHA's window to issue recordkeeping citations.

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