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OSHA Proposed Rule Contradicts D.C. Circuit Decision (CRS Report for Congress)

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Release Date Sept. 14, 2015
Report Number OSHARULE
Authors Rodney M. Perry
Source Agency Congressional Research Service
Summary:

On July 29, 2015, the Occupational Safety and Health Commission (OSHA) proposed a rule that contradicts a 2012 decision by the United States Court of Appeals for the D.C. Circuit (D.C. Circuit) regarding when the OSH Act€™s statute of limitations properly begins to run following an employer’s failure to record a workplace safety injury or illness. According to OSHA, the rule would clarify OSHA’s existing interpretation of the statute of limitations in the context of a recordkeeping violation without imposing any new substantive obligations.