Accurate Workplace Injury and Illness Records Restoration Act

I 117TH CONGRESS 1ST SESSION H. R. 1180 To amend the Occupational Safety and Health Act of 1970 to clarify when the time period for the issuance of citations under such Act begins and to require a rule to clarify that an employer’s duty to make and maintain accurate records of work-related injuries and illnesses is an ongoing obligation. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 18, 2021 Mr. TAKANO (for himself, Mr. SCOTT of Virginia, Ms. ADAMS, Mr. COURTNEY, and Mr. JONES) introduced the following bill; which was re- ferred to the Committee on Education and Labor A BILL To amend the Occupational Safety and Health Act of 1970 to clarify when the time period for the issuance of cita- tions under such Act begins and to require a rule to clarify that an employer’s duty to make and maintain accurate records of work-related injuries and illnesses is an ongoing obligation. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Accurate Workplace 4 Injury and Illness Records Restoration Act’’. 5 VerDate Sep 11 2014 19:33 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1180.IH H1180 khammond on DSKJM1Z7X2PROD with BILLS 2 •HR 1180 IH SEC. 2. PERIOD FOR ISSUANCE OF A CITATION. 1 Section 9(c) of the Occupational Safety and Health 2 Act of 1970 (29 U.S.C. 658(c)) is amended by adding at 3 the end the following: ‘‘For purposes of this subsection, 4 a violation continues to occur for as long as an employer 5 has not satisfied the requirements, rules, standards, or- 6 ders, and regulations referenced in subsection (a).’’. 7 SEC. 3. RULEMAKING. 8 (a) RULE REQUIRED.—Not later than 180 days after 9 the date of enactment of this Act, the Occupational Safety 10 and Health Administration shall issue a final rule amend- 11 ing its recordkeeping regulations under section 8(c) of the 12 Occupational Safety and Health Act to clarify that— 13 (1) the duty to make and maintain accurate 14 records of work-related injuries and illnesses is an 15 ongoing obligation; 16 (2) the duty to make and maintain such records 17 continues for as long as the employer is required to 18 keep records of the recordable injury or illness; and 19 (3) such duty does not expire solely because the 20 employer fails to create the necessary records when 21 first required to do so. 22 (b) AUTHORIZATION.—Subsection (a) shall be consid- 23 ered a specific authorization by Congress in accordance 24 VerDate Sep 11 2014 19:33 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1180.IH H1180 khammond on DSKJM1Z7X2PROD with BILLS 3 •HR 1180 IH with section 801(b)(2) of title 5, United States Code, with 1 respect to the issuance of a new recordkeeping rule. 2 Æ VerDate Sep 11 2014 19:33 Mar 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H1180.IH H1180 khammond on DSKJM1Z7X2PROD with BILLS