Employer's Continuing Obligation: Maintaining Accurate Records of Each Recordable Injury and Illness

Why Should You Attend:

On July 29, 2015, a notice of proposed rule was published in the Federal Register; Fed Register #:80:45116-45131. As of October 21, 2016, this proposed rule is in the final rule making process and will be published at any moment and will drastically change the current way record keeping is managed by employers.

OSHA is proposing to amend its recordkeeping regulations, 29 CFR Part 1904, to clarify that employers covered by the record keeping requirements have a continuing obligation to make and maintain accurate records of all recordable injuries and illnesses. While analyzing these parameters of the regulation, this webinar will also discuss OSHA’s “continuing duty” mandates, the statute of limitations for recordkeeping violations, and other intrinsic issues that further elucidate the law.

Learning Objectives:

• Understand how OSHA defines maintaining accurate recordkeeping logs as a “continuing duty.”
• Explain how the statute of limitations for recordkeeping violations becomes 6 months and 5 years.
• Define what the Volks decision was, and why it is important to know and understand.
• Describe how OSHA’s effort in the new regulation undoes a D.C. decision in Volks case that OSHA could only cite recordkeeping violation within 6 months of the injury/illness date.

Areas Covered in the Webinar:

• The History and Importance of OSHA's Recordkeeping Regulations
• A Failure to Record a Recordable Illness or Injury is a Continuing Violation
• The D.C. Circuit's Decision in Volks II
• Advisory Committee on Construction Safety and Health
• Legal Authority Overview

Who Will Benefit:

• HR Managers
• HR Assistants
• General Industry Business Owners
• Construction Business Owners
• Plant Supervisors
• Project Managers
• Staffing Organizations
• Safety Managers
• Management Consulting Firms

Michael Aust
President and Lead Consultant, OneZeroThreeZero Communications

Michael Aust, CECM, MS, is the president and owner of 1030 Communications, LLC. Mr. Aust has a Master of Science in Occupational Safety, Health and Environmental Management degree and is a certified environmental compliance manager #5678. He has been an authorized OSHA outreach instructor since 2000.

He has provided safety management expertise since 1995. He has developed and implemented safety management systems for organizations without such processes and helped mature management systems for Fortune 50 and Fortune 100 companies.

Some highlights of his involvement in professional organizations include: Security Committee Louisiana Chemical Association (LCA), Safety Committee Louisiana Chemical Association (LCA), American Society of Safety Engineers, South Louisiana S.T.E.P.S. AdHoc Committee Member, Greater Baton Rouge Industrial Alliance (GBRIA) Owner Entry Requirements Committee, and American Society of Safety Engineers Grapevine Chapter Section Chairperson.

Mr. Aust has provided safety auditing and training services for companies such as US Fusion, The TopCor Companies, BP North America, Honeywell, Gulf South Safety Consultants, The Commodore Corporation – Indiana Division, JE Spear Consulting, and Ivy Tech Corporate College only to name a few. He is also a content contributor for various safety newsletters and blogs.

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