OSHA Reconsidering Record Keeping Modernization Rule Due to Lawsuits

By Kelsey Basten

Published on July 18, 2017

The Occupational Safety and Health Administration (OSHA) published a notice June 28, 2017 that proposed a five-month delay to the July 1 deadline to submit information required under the Record Keeping Modernization Rule. In this proposal, OSHA also indicated the rule will be subject to changes.

This proposal came after several businesses filed lawsuits challenging the rule, arguing it would unlawfully prohibit or limit incident-based employer safety incentive programs.

They also argue the rule may prohibit or limit routine mandatory post-accident drug testing programs.

Two federal district courts have granted motions to halt litigation on this rule while OSHA reconsiders its restrictions as well.

OSHA implemented the Record Keeping Modernization Rule in May 2016. It requires certain employers to submit injury and illness data electronically. The rule also prohibits employers from retaliating against employees for reporting an injury or illness.

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