On January 25, the Trump administration officially repealed sections of an Occupational Health and Safety Administration (“OSHA”) rule enacted by the Obama administration regarding the tracking of workplace injuries and illnesses.
The Obama rule, which was enacted in 2016, required most employers to electronically submit detailed injury and illness reports to OSHA every year, which allowed the agency to track troublesome workplaces and deploy resources to combat and prevent recurring issues. These records include daily logs, specific incident reports, and an annual summary.
Now, all employers are required to do to maintain OSHA compliance is to keep the detailed records on-site in the event an inspector requests them. If the employer does not have these particular records, they can incur OSHA liability and penalties.
As a practical matter, even with the repeal of the law, employers should still err on the side of caution and maintain the aforementioned records. Further, these records could be evidence in a subsequently filed action regarding workplace safety.
If you believe your employer is violating OSHA or is retaliating against you for filing an OSHA safety complaint, please contact Borrelli & Associates, P.L.L.C. today for a consultation.
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