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?) SoÉ 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
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
?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
Subject: OSHA COVID-19 Tip of the Day for October 23, 2020
Date:
October 23, 2020 at 9:11:04 AM GMT-4
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