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Stephanie Salmon, AFS Washington Office; Jeff Hannapel & Christian Richter, The Policy Group, Washington, D.C. WASHINGTON ALERT

OSHA Issues Final Rule Clarifying Employers’ Recordkeeping Obligations


On December 19, 2016, the Oc-

cupational Safety and Health Admin- istration (OSHA) issued a final rule clarifying its position that an employer’s duty to record work-related injuries and illnesses continues for the full dura- tion of the record retention and access period, for five years after the end of the calendar year in which the injury or illness became recordable. Furthermore, the rule provides that, as long as an em- ployer fails to comply with its ongoing duty to record an injury or illness and therefore with its obligation to main- tain accurate records, the employer’s violation of OSHA’s recordkeeping requirements is ongoing and continues to occur every day. Tis change in the record-keeping

regulations circumvents a 2012 appel- late ruling [AKM LLC v. Secretary of Labor (Volks)] limiting the statute of limitations. In this case, the Court rejected OSHA’s longstanding position that an employer’s duty to record an


114th Congress Concludes with Passage of Water Infrastructure, Funding Extension

Congress overwhelmingly approved the Water Infrastruc- ture Improvements for the Nation (WIIN) Act, a major $12 billion water infrastructure bill in the final hours before leaving Washington for the holidays. The measure, signed into law on Dec. 20, will make important investments to upgrade our nation’s water infrastructure. Among the projects to receive funding under the act are over 30 port, levee and dam projects, stormwater manage- ment projects, $20 million in funding to activate at least $200 million in low-interest financing for upgrades to water infrastructure, and initiatives to

help develop alternative water supplies to deal with persistent drought. In addition, it includes a one-year extension of “Buy American” iron and steel procurement rules that currently apply to projects funded through the EPA Drinking Water State Revolving Fund.

Congress also passed a continu- ing resolution, funding the government through April 28, 2017. Congress was not able to reach consensus on the energy bill.

New Form I-9 Required Beginning January 22

The U.S. Citizenship and Immigration Services (USCIS) recently published a re- vised version of the Employment Eligibility Verification Form, known as the Form I-9. The new I-9 form will be required for use

by all employers, including metalcast- ers, beginning on January 22. Until then, employers may continue to use the I-9 version dated March 8, 2013 or the new version.

Form I-9 requirements were estab- lished in November 1986 when Con- gress passed the Immigration Reform and Control Act (IRCA). IRCA prohibits employers from hiring people, includ- ing U.S. citizens, for employment in the United States without verifying their identity and employment authorization on the Form I-9. For more information on Form I-9 and immigration compliance for employers, visit

For additional information, contact Stephanie Salmon, AFS Washington Off ice,

202/842-4864, January 2017 MODERN CASTING | 17

injury or illness continues for the full five-year record-retention period and held that the Act’s six-month statute of limitations is six months, not five years and six months. What’s next? It is possible that a

variety of industry groups will challenge

the new rule in court. Te new 115th Congress could invalidate the rule un- der the Congressional Review Act, and the incoming Trump administration could delay its enforcement. However, as of now, OSHA’s new rule will take effect on January 18.

OSHA has issued a final rule clarifying employers’ recordkeeping obligations.

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