The Occupational Safety and Health Administration (OSHA) today published a Notice of Proposed Rulemaking (NPRM) to amend its recordkeeping regulations to clarify that businesses have an “ongoing obligation” to maintain records on injuries and illnesses at work.

The proposed amendmentĀ is in response to a court ruling that set the statute of limitations on recordkeeping violations at six months for alleged failure to properly record an injury or illness. OSHA had long argued that the statute should be five-and-a-half years since records must be maintained for five years, while the legal statute is six months (five years plus six months).

Under the court ruling, OSHA could not fine a business for a non-recorded injury or illness if it occurred more than six months previously. By injecting “ongoing obligation” into the regulations, the agency hopes to get around the six-month limitation.

Comments on the NPRM are due by Sept. 27.

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