By Brad Sant, senior vice president of safety and education, ARTBA

ARTBA and its partners in the Coalition for Workplace Safety (CWS) Oct. 28 filed comments asking the Occupational Safety and Health Administration (OSHA) to withdraw a proposed rule that would extend the statute of limitations for recording workplace injuries from six months to five years.

OSHA says the proposed rule is an effort to clarify an “employer’s continuing obligation to make and maintain an accurate record of each recordable injury and illness throughout the five-year period during which the employer is required to keep the records.” OSHA issued the proposed rule after the U.S. Court of Appeals for the D.C. Circuit ruled in AKM LLC v. Secretary of Labor (Volks) that the agency is bound by federal statute limiting employer liability for failure to record injuries and illnesses to six months from the date of the incident.

The CWS letter acknowledges the importance of making and retaining accurate injury and illness records, yet voices the strong belief that through this rulemaking OSHA is not only disregarding a U.S. Court of Appeals decision, which OSHA did not appeal, but also usurping Congressional authority to make new law.

Read the letter.