News & Analysis as of May 19, 2025

Recordkeeping Requirements

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

Revisiting Volks - Is OSHA Buying Itself More Time to Issue More Citations?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/22/2023

Recordkeeping under the Occupational Safety and Health (OSH) Act is often top of mind for workplace safety professionals. Under the OSH Act, employers must record injuries and illnesses resulting in medical treatment beyond...more

What’s Next Now that OSHA Rescinded Part of the Electronic Recordkeeping Requirements?

Fisher Phillips on 1/25/2019

As we reported earlier yesterday, OSHA released its Final Rule eliminating the responsibility of certain employers to electronically submit to OSHA data from its Form 300 Workplace Injury and Illness Log and the 300A forms...more

California Enacts New Record-Keeping Mandates In Response To Changing Federal Program

Seyfarth Shaw LLP on 10/2/2018

Seyfarth Synopsis: Last week, Governor Brown signed into law Assembly Bill No. 2334, Occupational Injuries and Illness, Employer Reporting Requirements, and Electronic Submission....more

California Legislature Says Recordkeeping Violations Not Subject To Six-Month Statute Of Limitations

Jackson Lewis P.C. on 9/24/2018

Beginning in 2019, employers in California will now be on the hook for recordkeeping violations well beyond the six-month statute of limitations. Bill Number AB 2334 (Occupational injuries and illnesses: employer reporting...more

California Enacts New Law to Respond to Trump Administration OSHA Changes

Fisher Phillips on 9/20/2018

On September 19, Governor Brown signed AB 2334 (Thurmond) to make various workplace safety and health changes to California law, largely in response to recent activity by the Trump Administration. Among other things, AB 2334...more

Lawlessness Quashed, Part II: President and Congress Stop OSHA’s Attempt to Avoid the Volks Decision

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/5/2017

On Monday, April 3, 2017, President Trump signed a Congressional Review Act resolution, passed by the House on March 1 and by the Senate on March 22, that disapproves of the Occupational Safety and Health Administration’s...more

OSHA’s Attempt to Expand Citation Statute of Limitations Thwarted by Congressional Review Act Senate Vote

Miller Canfield on 3/27/2017

On March 22, 2017, the Senate, by a vote of 50-48, passed a House of Representatives’ resolution which overturned the OSHA Rule seeking to expand the statute of limitations period for citations it issues to employers. ...more

Senate Approves Measure to Kill OSHA Statute of Limitations Change for Recordkeeping Violations

Amundsen Davis LLC on 3/27/2017

On March 22, 2017, the U.S. Senate passed a measure to revoke OSHA’s modification to the six-month statute of limitations for recordkeeping violations. Under the Obama Administration, OSHA issued a new rule to extend the...more

House of Representatives Votes to Block OSHA Recordkeeping Rule

Jackson Lewis P.C. on 3/15/2017

The House of Representatives has voted to block a new Occupational Safety and Health Administration recordkeeping rule implemented in the last weeks of the Obama Administration. “Clarification of Employer’s Continuing...more

Quashing Lawlessness: Congress Votes on OSHA’s Attempt to Avoid the Volks Decision

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/8/2017

An appellate court one level below the Supreme Court of the United States, and highly respected in the field of administrative law, recently held that the Occupational Safety and Health Administration’s (OSHA) interpretation...more

Battle Brewing Over “Continuing Violations” Theory?

Pillsbury - Gravel2Gavel Construction & Real... on 1/9/2017

OSHA has just published a Final Rule restating its interpretation of the “continuing violations” theory. There are now two Circuit Court of Appeals rulings that disagree with this interpretation: AKM LLC dba Volks Contractors...more

OSHA’s Final Rule Clarifying (and Confirming) the Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each...

Ruder Ware on 12/20/2016

OSHA has always taken the position that the duty to record accurate and complete injuries and illnesses is a continuing duty. OSHA concedes, however, “that its recordkeeping regulations were not clear with respect to the...more

OSHA Issues Final Rule “Clarifying” The Ongoing Obligation To Make And Maintain Accurate Records Of Work-Related Injuries And...

Seyfarth Shaw LLP on 12/19/2016

Seyfarth Synopsis: OSHA finalizes rule that “more clearly states employers’ obligations” to record an injury or illness which continues for the full five-year record-retention period. The Occupational Safety and Health...more

The Employment Law Authority - July/August 2015

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/14/2015

A federal appellate court recently reinstated a lawsuit brought by a dining services employee who claimed that she was sexually harassed by a male coworker. According to the Sixth Circuit Court of Appeals, a reasonable jury...more

OSHA Seeks Work-a-Round to Issuing Citations for Recordkeeping Violations More Than Six Months Old

Seyfarth Shaw LLP on 8/1/2015

OSHA, through a rulemaking, is seeking to build a work-a-round to a D.C. Circuit Court of Appeals opinion on issuing citations for recordkeeping violations that are more than six months old. 80 Fed. Reg. 45116 (July 29,...more

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Statute of Limitations › Occupational Safety and Health Administration › Recordkeeping Requirements

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