[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1180 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1180
To amend the Occupational Safety and Health Act of 1970 to clarify when
the time period for the issuance of citations under such Act begins and
to require a rule to clarify that an employer's duty to make and
maintain accurate records of work-related injuries and illnesses is an
ongoing obligation.
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IN THE HOUSE OF REPRESENTATIVES
February 18, 2021
Mr. Takano (for himself, Mr. Scott of Virginia, Ms. Adams, Mr.
Courtney, and Mr. Jones) introduced the following bill; which was
referred to the Committee on Education and Labor
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A BILL
To amend the Occupational Safety and Health Act of 1970 to clarify when
the time period for the issuance of citations under such Act begins and
to require a rule to clarify that an employer's duty to make and
maintain accurate records of work-related injuries and illnesses is an
ongoing obligation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accurate Workplace Injury and
Illness Records Restoration Act''.
SEC. 2. PERIOD FOR ISSUANCE OF A CITATION.
Section 9(c) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 658(c)) is amended by adding at the end the following: ``For
purposes of this subsection, a violation continues to occur for as long
as an employer has not satisfied the requirements, rules, standards,
orders, and regulations referenced in subsection (a).''.
SEC. 3. RULEMAKING.
(a) Rule Required.--Not later than 180 days after the date of
enactment of this Act, the Occupational Safety and Health
Administration shall issue a final rule amending its recordkeeping
regulations under section 8(c) of the Occupational Safety and Health
Act to clarify that--
(1) the duty to make and maintain accurate records of work-
related injuries and illnesses is an ongoing obligation;
(2) the duty to make and maintain such records continues
for as long as the employer is required to keep records of the
recordable injury or illness; and
(3) such duty does not expire solely because the employer
fails to create the necessary records when first required to do
so.
(b) Authorization.--Subsection (a) shall be considered a specific
authorization by Congress in accordance with section 801(b)(2) of title
5, United States Code, with respect to the issuance of a new
recordkeeping rule.
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