OSHA July 29 issued a proposed rule clarifying an employer’s continuing obligation to make and maintain accurate records of reportable injuries and illnesses.

The proposed rule aims to reverse the Volks II decision from the U.S. Court of Appeals for the District of Columbia Circuit. The court stated OSHA must stick to a six-month statute of limitations when citing a company for failure to record an injury or illness and cannot treat such an event as a continuing violation throughout the five-year recordkeeping period.

Under the proposed rule, OSHA revises the employer’s ongoing obligation to accurately report workplace injuries and illnesses for five years after an initial report should have been made.

The public is given 60 days to submit comments on the proposal, comments are due Sept. 28. For questions on OSHA’s proposal please contact ABC’s Director of Safety Chris Williams, cwilliams@abc.org.