IMA-NA along with over 60 other associations and organizations comprise the Coalition for Workplace Safety (CWS), a coalition established to support improving workplace safety through cooperation, assistance, transparency, clarity, and accountability. On October 27th, CWS submitted comments to the record on OSHA's Notice of Proposed Rulemaking (“NPRM”), theClarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness. The comments focused on OSHA's attempt to circumvent both Congressional and Judiciary authority through the rulemaking process on this issue. OSHA's proposed rule to alter record keeping standards to impose a continuing obligation categorically ignores the six month statute of limitations on record keeping citations established by Congress in the OSH Act. Not only does this rule attempt to bypass the intent of the OSH Act as enumerated by Congress but the statute of limitations has been reinforced through the U.S. Court of Appeals in multiple decisions. The comments also highlight the punitive nature of OSHA's expansion of grounds for citation by changing the nature of injury and illness record keeping to a continuing obligation. CWS argues that this NPRM is out of line with precedent, acts as jurisdictional overreach and demonstrates the Agency's misguided belief that more citations create safer workplaces.
To read the comments please open the attachment.