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Electronic Recordkeeping – Employers Must Comply with July 1 Deadline 


 

 

 

 

 

 

A Texas federal court won’t decide the legality of the Occupational Safety and Health Administration’s (OSHA) rule regarding the tracking of workplace injuries and illnesses until after the July 1, 2017 deadline for employer to comply with the rule – according to an April 3, 2017 judge’s order. The order gives attorneys from the Department of Labor and several employer groups challenging the rule until July 5, 2017 to submit a proposed summary judgement briefing schedule.

 

The Texas lawsuit seeks a declaratory judgment finding that the rule is unlawful to the extent that it prohibits or otherwise imposes limits on incident-based employer safety incentive programs and routine mandatory post-accident drug testing programs. The plaintiffs allege that the challenged provisions are unlawful and must be vacated because they exceed OSHA’s statutory authority and because the “underlying findings and conclusions are arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with law.”

 

While it remains to be seen how this legal challenge will fare, the business community has shown a willingness to strongly oppose this new rule — a rule that has been widely criticized as emblematic of regulatory overreach. However, as the rule remains on the books, employers are required to comply with the July 1, 2017 electronic reporting deadline or face the risk of citations and penalties.

 

 

 

Additional Resources:

 

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About Us

BCH has a unique approach to advising our clients on how to control their Total Cost of Risk, not simply insurance cost. The Total Cost of Risk (TCOR) includes preventive, direct and indirect costs associated with operating a business. The BCH approach includes collaborating with our clients to create a long range written plan for controlling their TCOR .