From: Yaritza Brinker <YBrinker**At_Symbol_Here**FELE.COM>
Subject: Re: Fwd: [DCHAS-L] OSHA COVID-19 Tip of the Day for October 23, 2020
Date: Fri, 23 Oct 2020 22:47:56 +0000
Reply-To: ACS Division of Chemical Health and Safety <DCHAS-L**At_Symbol_Here**Princeton.EDU>
Message-ID: DM6PR05MB705214FD97E44E06A864018EAD1A0**At_Symbol_Here**DM6PR05MB7052.namprd05.prod.outlook.com
In-Reply-To


It is true that a governmental agency cannot require you to provide documentation or keep records that are not required by regulation.

 

However, this tip is a puzzling proposition likely intended to get you to click the link. (Marketing class anyone?) So… I did.

 

The "tip" is a link to OSHA's compendium of CFR training sections in pdf. If you search the pdf for the word "record", you will find 78 instances.

 

Instances 2-4 happen to be:

 

1910.66(i)(1)(v)

The employer shall certify that employees have been trained

in operating and inspecting a working platform by preparing

a certification record which includes the identity of the

person trained, the signature of the employer or the person

who conducted the training and the date that training was

completed. The certification record shall be prepared at the

completion of the training required in paragraph (i)(1)(ii) of

this section, and shall be maintained in a file for the duration

of the employee's employment. The certification record shall

be kept readily available for review by the Assistant Secretary

of Labor or the Assistant Secretary's representative.

 

They don't quite use this same paragraph verbatim in all of the sections, but the concept does show up a lot thru ought CFR 1910.

 

Thank you,

 

Yaritza Brinker

260.827.5402

 

From: ACS Division of Chemical Health and Safety <DCHAS-L**At_Symbol_Here**Princeton.EDU> On Behalf Of Daniel Kuespert
Sent: Friday, October 23, 2020 4:12 PM
To: DCHAS-L**At_Symbol_Here**Princeton.EDU
Subject: Re: [DCHAS-L] Fwd: OSHA COVID-19 Tip of the Day for October 23, 2020

 

** External Email **

No, they cannot. As I recall, there was a court decision (OSHA v. Westvaco?) that held that OSHA cannot require any documentation not specifically asked for by a reg. The decision had to do with the Process Safety Management standard, which has specific documentation requirements, and OSHA tried to cite Westvaco for not having some docs that they weren't required by reg to have. Annoyingly, I cannot find the reference, though. Might have been OSHRC, rather than a court, but I can't find it there either.

 

Figure on it this way: if it hasn't been through public review and comment (via the Administrative Procedures Act processes), then they'd be free to require different docs of different companies, which is kind of the definition of "arbitrary and capricious."

 

Regards, Dan

Sent from my iPad



On Oct 23, 2020, at 15:17, DCHAS Membership Chair <membership**At_Symbol_Here**dchas.org> wrote:

?I found today's Covid tip from OSHA odd. It's a "good idea" to document safety training? OSHA doesn't require this documentation?

 

- Ralph



Begin forwarded message:

 

From: "OSHA Tip of the Week" <osha.news**At_Symbol_Here**subscriptions.dol.gov>

Subject: OSHA COVID-19 Tip of the Day for October 23, 2020

Date: October 23, 2020 at 9:11:04 AM GMT-4

 

 

 


 

Visit OSHA's website to see more safety tips of the day.


To receive future OSHA COVID-19 safety tips of the day, subscribe online.
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This email was sent to ralph**At_Symbol_Here**rstuartcih.org using GovDelivery Communications Cloud on behalf of: United States Department of Labor • 200 Constitution Ave NW • Washington, DC 20210 • 1-866-4-USA-DOL (1-866-487-2365)

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Ralph Stuart, CIH, CCHO
Membership Chair
American Chemical Society Division of Chemical Health and Safety

 

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