On Dec. 19, the Occupational Safety and Health Administration (OSHA) published a final rule to revise existing language in the recordkeeping regulation to emphasize an employer’s responsibility to make and maintain accurate OSHA 300 Logs and all related incident reports. The new rule drastically expands on the existing regulatory language and in some cases added new provisions. While the newly published rule does make clear OSHA’s expectations involving the maintenance of injury and illness records, the true impetus for the rulemaking is to drastically expand the agency’s statute of limitation granted by the OSH Act. The OSH Act clearly states that “no citations may be issued after the expiration of six months following the occurrence of any violation.” However, this new rule will allow contractors to be cited for honest mistakes, or inaccuracies, related to recordkeeping dating back as far as five-and-a-half years. OSHA’s justification is that an omission of an injury or illness from the OSHA 300 Log constitutes an ongoing occurrence until corrected during the five-year retention period under the recordkeeping regulation.

Learn More on AGC WebED Oct. 31 from 2-3:00 p.m. ET

Intensifying its effort to dissuade the U.S. Occupational Safety and Health Administration (OSHA) from interpreting its new recordkeeping regulations to restrict drug testing or safety incentive programs, AGC of America presses for a formal audience with the top OSHA official.

OSHA, EPA and FWS Finalize New Maximum Civil Penalties

Court officials announced late last week that the AGC of America backed lawsuit to block the Obama administration’s misguided new silica rule will be heard in the D.C. Circuit Court. AGC, via the Louisiana AGC, filed suit in the 5th Circuit earlier this month to block the measure arguing that the administration established a new standard that is beyond the technological limits of current dust removal equipment. However, a number of other groups filed similar motions in other court circuits, forcing judicial officials to select a venue via random lottery. While the D.C. Circuit is considered less favorable than the 5th Circuit, some of the circuit’s prior case law does appear favorable. As we mentioned in our earlier communications on this lawsuit, the legal challenge is a long, lengthy and far-from certain tactic. That is why AGC is continuing to push for legislation in Congress to force the administration to put in place workable silica measures that will be far more effective in improving workplace health and safety.

The Louisiana chapter of the Associated General Contractors of America today filed a challenge to the Occupational Safety and Health Administration’s (OSHA) final respirable crystalline silica rule in the U.S. Court of Appeals for the Fifth Circuit. In doing so, the chapter joined a number of local industry partners who are also concerned about the impact of the rule on the construction industry.

The Bipartisan Budget Act removes a statutory exemption from penalties under certain statutes, including the Occupational Safety & Health Act, from inflation for civil penalties. Unlike other similar civil penalties in federal law, the Occupational Safety & Health Administration (OSHA) civil penalties have been explicitly exempted from inflation since they were created in 1990. Under the Budget Act, OSHA will now have to report on their adjustment in their annual financial statements and via the Government Accountability Office. The bill also allows the agency to use a “catch up” formula to make up to 150 percent adjustments in the penalty in the first year to meet current inflation levels. The Secretary could limit the increases if there’s a negative economic impact that outweighs benefits and any proposed increase in penalties would go through the formal notice and comment process.

AGC of America joined with a broad coalition of employers, labor unions and other entities to provide detailed comments to the Treasury Department’s request for information on implementing the 40-percent excise tax on high-cost, employer-sponsored health coverage, also known as the “Cadillac Tax”. The controversial tax has been delayed until 2018, but employers – notably those with labor agreements that stretch into 2018 – are beginning to anticipate the ramifications from the tax.

AGC of America will provide highway work zone safety training classes next year thanks to a federal safety grant the association earned. The association will use the $135,000 Susan Harwood Training Grant from the U.S. Department of Labor to offer the safety training classes designed to prevent injuries among highway, street and bridge construction workers, officials said.