82 FR 20548 - Clarification of Employer's Continuing Obligation To Make and Maintain an Accurate Record of Each Recordable Injury and Illness

DEPARTMENT OF LABOR
Occupational Safety and Health Administration

Federal Register Volume 82, Issue 84 (May 3, 2017)

Page Range		20548-20549
FR Document		2017-08754

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.

Federal Register, Volume 82 Issue 84 (Wednesday, May 3, 2017)

[Federal Register Volume 82, Number 84 (Wednesday, May 3, 2017)]
[Rules and Regulations]
[Pages 20548-20549]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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 http://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

Federal Register / Vol. 82, No. 84 / Wednesday, May 3, 2017 / Rules and Regulations 20549

(b) Implementation—(1) Do I have to Subpart E—Reporting Fatality, Injury • Online: Comments should be filed
update the OSHA 300 Log during the and Illness Information to the at the Federal eRulemaking Portal,
five-year storage period? Yes, during the Government http://www.regulations.gov. Follow the
storage period, you must update your online instructions for submitting
stored OSHA 300 Logs to include newly ■ 10. Revise the heading of subpart E to comments.
discovered recordable injuries or read as set forth above. • Fax: 202–493–2251.
illnesses and to show any changes that ■ 11. Revise the heading and paragraph • Mail: Docket Management Facility,
have occurred in the classification of (a) of § 1904.40 to read as follows: U.S. DOT, 1200 New Jersey Avenue SE.,
previously recorded injuries and W12–140, Washington, DC 20590.
§ 1904.40 Providing records to • Hand Delivery: Room W12–140 on
illnesses. If the description or outcome government representatives.
of a case changes, you must remove or the Ground level of the West Building,
(a) Basic requirement. When an 1200 New Jersey Avenue SE.,
line out the original entry and enter the
authorized government representative Washington, DC, between 9 a.m. and 5
new information.
asks for the records you keep under part p.m. Monday through Friday, except
(2) Do I have to update the annual 1904, you must provide copies of the
summary? No, you are not required to federal holidays.
records within four (4) business hours. Instructions: All submissions must
update the annual summary, but you
may do so if you wish. * * * * * include the agency name and docket
(3) Do I have to update the OSHA 301 Signed at Washington, DC, on April 25, number or Regulatory Identification
Incident Reports? No, you are not 2017. Number (RIN) for this rulemaking. All
required to update the OSHA 301 Dorothy Dougherty, petitions and comments received will be
Incident Reports, but you may do so if Deputy Assistant Secretary of Labor for posted without change to http://
you wish. Occupational Safety and Health. www.regulations.gov; this includes any
[FR Doc. 2017–08754 Filed 5–2–17; 8:45 am] personal information. Please see the
■ 8. Revise § 1904.34 to read as follows:
BILLING CODE 4510–26–P Privacy Act heading in the
§ 1904.34 Change in business ownership. SUPPLEMENTARY INFORMATION section of
this document for Privacy Act
If your business changes ownership,
DEPARTMENT OF TRANSPORTATION information related to any submitted
you are responsible for recording and
petitions or materials.
reporting work-related injuries and
Federal Railroad Administration Docket: For access to the docket to
illnesses only for that period of the year
read background documents or
during which you owned the
49 CFR Part 243 comments received, go to http://
establishment. You must transfer the
www.regulations.gov at any time or to
part 1904 records to the new owner. The [Docket No. FRA–2009–0033, Notice No. 4] Room W12–140 on the Ground level of
new owner must save all records of the
RIN 2130–AC68 the West Building, 1200 New Jersey
establishment kept by the prior owner,
Avenue SE., Washington, DC, between 9
as required by § 1904.33 of this part, but Training, Qualification, and Oversight a.m. and 5 p.m. Monday through Friday,
need not update or correct the records for Safety-Related Railroad Employees except Federal holidays.
of the prior owner.
AGENCY: Federal Railroad FOR FURTHER INFORMATION CONTACT:
■ 9. Revise paragraphs (b)(2) Robert J. Castiglione, Staff Director—
Administration (FRA), Department of
introductory text and (b)(2)(iii) of Technical Training, U.S. Department of
Transportation (DOT).
§ 1904.35 to read as follows: Transportation, Federal Railroad
ACTION: Final rule; delay of
§ 1904.35 Employee involvement. implementation dates. Administration, 4100 International
Plaza, Suite 450, Fort Worth, TX 76109–
* * * * *
SUMMARY: This document delays the 4820 (telephone: 817–447–2715); or
(b) * * * implementation dates in the final rule Alan H. Nagler, Senior Trial Attorney,
(2) Do I have to give my employees published November 7, 2014, because U.S. Department of Transportation,
and their representatives access to the model training program developers Federal Railroad Administration, Office
OSHA injury and illness records? Yes, alerted FRA they will not be able to of Chief Counsel, RCC–10, Mail Stop 10,
your employees, former employees, timely produce model programs that an West Building 3rd Floor, Room W31–
their personal representatives, and their estimated 1,459 railroads and 309, 1200 New Jersey Avenue SE.,
authorized employee representatives contractors are expected to use to Washington, DC 20590 (telephone: 202–
have the right to access the OSHA injury comply with the rule’s program 493–6038).
and illness records, with some submission requirements. SUPPLEMENTARY INFORMATION: FRA
limitations, as discussed below. DATES: This regulation is effective June issued a final rule establishing
* * * * * 2, 2017. Petitions for reconsideration of minimum training standards for each
(iii) If an employee or representative this delay must be received on or before category and subcategory of safety-
asks for access to the OSHA 300 Log, May 23, 2017. Petitions for related railroad employees and
when do I have to provide it? When an reconsideration will be posted in the requiring railroad carriers, contractors,
employee, former employee, personal docket for this proceeding. Comments and subcontractors to submit training
representative, or authorized employee on any submitted petition for programs to FRA for FRA approval. The
representative asks for copies of your reconsideration must be received on or final rule was published November 7,
current or stored OSHA 300 Log(s) for before June 19, 2017. 2014 (79 FR 66459) and was effective on
nlaroche on DSK30NT082PROD with RULES

an establishment the employee or ADDRESSES: Petitions for reconsideration January 6, 2015 (2014 Final Rule). The
former employee has worked in, you or comments on such petitions: Any 2014 Final Rule was required by section
must give the requester a copy of the petitions and any comments on 401(a) of the Rail Safety Improvement
relevant OSHA 300 Log(s) by the end of petitions related to Docket No. FRA– Act of 2008, Public Law 110–432, 122
the next business day. 2009–0033 may be submitted by any of Stat. 4883 (Oct. 16, 2008), codified at 49
* * * * * the following methods: U.S.C. 20162, and the Secretary of

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Document Created: 2018-11-08 08:36:45
Document Modified: 2018-11-08 08:36:45

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule becomes effective on May 3, 2017.
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 [email protected]
FR Citation		82 FR 20548
RIN Number		1218-AC84
CFR Associated		Health Statistics; Occupational Safety and Health; Safety; Reporting and Recordkeeping Requirements and State Plans

82 FR 20548 - Clarification of Employer's Continuing Obligation To Make and Maintain an Accurate Record of Each Recordable Injury and Illness

DEPARTMENT OF LABOROccupational Safety and Health Administration

Federal Register Volume 82, Issue 84 (May 3, 2017)

DEPARTMENT OF LABOR
Occupational Safety and Health Administration