In 2012, the Occupational Safety & Health Administration lost a critical case in AKM LLC v. Secretary of Labor, in which the U.S. Court of Appeals for the District of Columbia ruled the federal regulator can’t cite employers for failure to record work-related injuries and illnesses more than six months after the initial obligation to record the case occurred.
Previously, the commission had held it had up 5.5 years to bring such cases, and taken numerous employers to task with hefty fines and penalties for failure to do so. There was great concern after that decision would result in companies being lax on record-keeping duties.
Now, OSHA has announced it’s proposing to amend it’s record-keeping rules to reinforce the duty to record illness or injury for as long as the employer must keep records of recordable injury or illness. That time is five years.