16 Jul EHS Today Article Answers Common Questions About Recording Injuries

EHSToday.com recently ran an article that will be of interest to some employers. The article comes after a construction company was cleared of charges that they did not properly record some accidents. There are specific regulations that apply to how injuries in the workplace have to be recorded. Unfortunately, many employers don't realize the actual nature of these laws and regulations and skirt them without being aware of it.

When to Record

Generally speaking, employers tend to misinterpret the fact that OSHA has a six-month statute of limitations on certain actions related to workplace injuries. One of the mistakes employers make is failing to record injuries that were not reported until more than six months after they actually occurred. This is not actually how the statue limitations works. If you receive information that a workplace injury has occurred, according to the article, you have to log the injury and properly recorded within seven days. OSHA has six months to issue a citation if you fail to record it but, simply because the injury occurred six months earlier does not mean it doesn't need to be recorded.

Updating

In most cases, when the recording of an injury is determined to have been inadequate, employers are required to update the records. If you run into a situation where an injury was recorded but not properly recorded, such as finding out that somebody fell at work eight months ago, assume that you do have to update the reporting. Don't assume that simply because the injury occurred in the past you're free and clear of any requirements to record it. The usual regulations apply.

Training

If training was not given to employees as it should've been, that doesn't excuse the employer from their obligation to give the employee that training. The six-month statute of limitations doesn't allow you to go without training an employee who has been doing the job for over six months. Simply put, employees have to have the proper training to do their jobs.

In instances where employers fail to follow OSHA regulations, contacting an attorney is oftentimes advisable. If you are injured in your workplace and it turns out that your employer did not follow the regulations that apply to your industry, you may have a chance of winning a lawsuit in court. Remember, however, that not all instances where you are injured at work will allow you to do this and that you need to speak with an attorney before proceeding.