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OSHA Proposed Constricted Recordkeeping Rules: Best Compliance Practices Uncovered!

HR & Benefits CLE

OSHA Proposed Constricted Recordkeeping Rules: Best Compliance Practices Uncovered!

Live Webcast Date: Friday, March 18, 2016 at 12:00 pm - 2:00 pm (ET)
HR & BenefitsRecording

On July 29, 2015, the Occupational Safety and Health Administration (OSHA) proposed a rule which aims to clarify employers’ continuing duty to create and keep an accurate record of work-related illnesses and injuries. The rule was issued in response to the Court of Appeals’ AKM LLC v. Secretary of Labor decision seeking OSHA’s clarification.  It revises the recordkeeping regulations elucidating employers’ recordkeeping duty as an ongoing obligation for five years.

Key amendments to the rule include the imposition of yearly duty on employers to validate OSHA 300 recordkeeping logs and the requirement that employers provide accurate logs to requesting OSHA officials or union representative.   

Should the proposed rule be finalized, employers can expect a careful scrutiny of 300 logs maintained for the past five years. Moreover, issuance of citations for log omissions or inaccuracies is on the horizon. 

In this two-hour Webcast, a panel of distinguished professionals and thought leaders assembled by The Knowledge Group will help employers understand the important aspects of this significant topic. They will provide an in-depth discussion of the OSHA Proposed Constricted Recordkeeping Rules. Speakers will also offer best practices in developing and implementing an effective recordkeeping policy to ensure regulatory compliance.

Key topics include:

  • Proposed Recordkeeping Rules – An Overview
  • AKM LLC v. Secretary of Labor
  • Criticisms to the Proposed Rules
  • Implications to Employers
  • Best Compliance Practices
  • Regulatory Forecasts

Who Should Attend

  • Employment Lawyers
  • Health & Safety Lawyers
  • Health and Safety Officers
  • Human Resources Managers
  • Chief Executive Officers
  • Risk Managers and Analysts
  • Consultants


Joseph Sileo

Joseph Sileo
Of Counsel
McNees Wallace & Nurick LLC

Debra Dyleski Najjar, Esq.

Debra Dyleski Najjar, Esq.
Managing Partner
Najjar Employment Law Group, P.C.

J. Lawson Johnston

J. Lawson Johnston
Dickie, McCamey & Chilcote

Click Here to Read Additional Material

Joseph Sileo, Of Counsel
McNees Wallace & Nurick LLC
  • Overview of OSHA Form 300 Injury Logs, 300A Summary, and Form 301 Incident Reports
  • AKM LLC (b/d/a Volks Constructors) v. Secretary of Labor 
    • Facts and procedural history
    • OSHA’s positon vs. employer’s position
    • Review Commission’s decision
    • D.C. Circuit Court’s decision
    • Ramifications of the Volks decision
  • Summary of proposed new rule (or “clarification”)

Debra Dyleski Najjar, Esq., Managing Partner
Najjar Employment Law Group, P.C.
  • OSHA’s Other  Recent and Proposed Recordkeeping Changes:  the Broader Context
  • Employer Traps for the Unwary:  Accurate Reporting, Over Reporting, or Under Reporting
  • Employer Shaming
  • Annual Review to Ensure Recordable Injuries and Illnesses are Recorded and Accurate

J. Lawson Johnston, Shareholder
Dickie, McCamey & Chilcote
  • Criticism of the Rule:
    • Impermissible extension of Statute of Limitations
    • Could deprive employers of ability to defend against citations for stale claims
    • Practically, would require employers to retain not only 300 and 301 logs, but other records, such as medical in disputes as to whether injury reportable (Caterpillar Logistics (674 F. 3d 705 (7th Cir. 2012)
    • Rule not necessary because of substantial compliance-no record of widespread abuse (OSHA NEP Report to Congress May 7, 2012)
    • Rule seeks to revise clear and unambiguous statutory language (Statute of Limitations) prohibited by Brand X,  545 U.S. 967 (2005)
    • Economic burden on employers
    • AFL-CIO position favoring rule
  • Likely outcome if Rule implemented- return to a Circuit Court of Appeals

Joseph Sileo

Joseph SileoOf CounselMcNees Wallace & Nurick LLC

Joe Sileo is an Of Counsel attorney with McNees, Wallace & Nurick, in its Scranton office.  He has exclusively represented both private and public employers in labor and employment matters since his admission to the Pennsylvania Bar in 1993.

Joe regularly counsels and provides day-to-day advice and training to employers in all industries, including with respect to wage and hour compliance, work performance management, discipline, fair employment practices, hiring practices and termination decisions, litigation avoidance, employee leave issues, non-compete and separation agreements, unemployment compensation, and collective bargaining administration and arbitration matters.  He also frequently represents employers in connection with OSHA and Wage and Hour matters.

In addition, Joe regularly defends employers in discrimination cases and other employment-related litigation, in federal and state court as well as in administrative proceedings before the EEOC and state employment practice agencies. 

Debra Dyleski Najjar, Esq.

Debra Dyleski Najjar, Esq.Managing PartnerNajjar Employment Law Group, P.C.

Debra Dyleski-Najjar founded the Najjar Employment Law Group, P.C. in April, 2008 as a labor, employment and benefits boutique law firm providing top quality legal advice, as well as litigation expertise, for employers.    Ms. Najjar is a graduate of Boston University School of Law, third in her class, and a magna cum laude graduate of Wellesley College. She is admitted to practice in the state and federal courts of Massachusetts, Maine and New Hampshire as well as the United States Supreme Court.  Ms. Najjar is a fellow of the College of Labor and Employment Attorneys, a certified member of the American Society of Pension Professionals and Actuaries, AV rated by Martindale Hubbell, and recognized as a New England Super Lawyers for ten consecutive years.  Over her 30 year career, Ms. Najjar has represented numerous employers in OSHA inspections as well as in challenges to OSHA targeted enforcement programs and complaints.

J. Lawson Johnston

J. Lawson JohnstonShareholderDickie, McCamey & Chilcote

J. Lawson Johnston is a shareholder at Dickie, McCamey & Chilcote, P.C. and works at its headquarters in Pittsburgh, Pennsylvania.  He has practiced law for over 40 years.  He concentrates his practice in the areas of commercial law litigation with an emphasis on employer liability issues, upon which he has lectured nationally.

Mr. Johnston represents employers and provides counsel on employer rights and responsibilities under OSHA, compliance and communication with OSHA, crafting safety programs, managing investigation of serious industrial accidents, and assisting with OSHA inspections. 

Mr. Johnston received his J.D. from Duquesne University School of Law, and formerly served as Deputy Attorney General for the Commonwealth of Pennsylvania.  He is AV Preeminent® Peer Review Rated by Martindale-Hubbell®.  Johnston is also listed in Best Lawyers of America® and was recognized as a 2015 Pittsburgh “Lawyer of the Year.”

Course Level:

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast


Course Code:

NASBA Field of Study:
   Specialized Knowledge and Applications

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
   2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

McNees is a full-service law firm based in central Pennsylvania with more than 130 attorneys representing corporations, associations, institutions and individuals. The firm serves clients worldwide from offices in Harrisburg, Lancaster, State College and Scranton, PA; Columbus, OH; and Washington, D.C. McNees is also a member of the ALFA International Global Legal Network.

Website: http://www.mwn.com/

The Najjar Employment Law Group, P.C., is an AV Martindale-Hubbell rated, labor, employment and benefits boutique law firm.  All of its attorneys focus exclusively on providing the highest caliber of labor, employment and benefits advice to the firm’s clients. The firm prides itself on responsiveness, and in keeping up-to-date with developments in the law, the leading human resource trends, executive compensation and best practices.  NELGPC’s objective is to assist clients in meeting their business goals while minimizing employee-related conflicts.  The firm has the experience to counsel clients in all areas of labor, employment and benefits law. That counseling is based on the hard won knowledge gained from successfully defending discrimination charges, wrongful discharge complaints, OSHA complaints, DOL and OFCCP audits, NLRB hearings, union organizing drives, ERISA claims, and wage and hour issues in arbitrations, trials in state and federal courts, and administrative proceedings before state and federal agencies.

Website: http://www.nelgpc.com/

Founded in 1906, Dickie, McCamey & Chilcote (DMC) is a nationally recognized law firm providing comprehensive legal expertise. The firm provides solutions with an emphasis on trial advocacy for individuals and businesses. The firm serves industry-leading clients across the country from offices throughout the Mid-Atlantic region in Pennsylvania, Delaware, New Jersey, North Carolina, Ohio, South Carolina and West Virginia. Headquartered in Pittsburgh, Pennsylvania, DMC has over 160 attorneys in 13 offices, offering legal counsel in various industries and practice areas.  Defined practice groups enable the firm’s professionals to focus on defined areas of the law to meet the specific needs of each client in a prompt, efficient, and cost-effective manner – personalized service for the best outcome.  To learn more, visit www.dmclaw.com.

Website: http://www.dmclaw.com/

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