The State plan provisions in 29 CFR Part 1952, Section 1952.4, may you touch dragonflies and stars dance with the fairies and talk to the moon poster entitled Injury and Illness Recording and Reporting Requirements will be in effect.
may you touch dragonflies and stars dance with the fairies and talk to the moon poster
loss of consciousness, restriction of work or motion or transfer to another job.” 29 U.S.C. 657. Congress’ failure to list specific severity criteria for illnesses, as it did for injuries, may you touch dragonflies and stars dance with the fairies and talk to the moon poster does not, in itself, compel the inference that two different sets of criteria must apply. Congress meant to limit recordation to significant injuries and illnesses alike, and absent strong indications to the contrary, it is reasonable to presume that Congress meant the same severity threshold to apply to both conditions. 29 U.S.C. 657. Because the severity criteria appear in the clause defining “minor injuries,” OSHA had construed the section to require recordation of all work-related illnesses, even those that do not meet the severity characteristics expressly applicable to “injuries.” 8 O.S.H.
Cas. at 2040. Accordingly, OSHA believes that there is a sound legal basis for the definition of work-relationship in the final rule. Providing for appropriate reporting procedures with respect to occupational safety and health which will help achieve the objectives of this Act and accurately describe the nature of the occupational safety and health problems. 29 U.S.C. § 651. Section 8 is functionally equivalent to the enabling legislation at issue in Mourning; therefore a reviewing court must examine the final recordkeeping rule’s relationship to the purposes of section 8. Cf. Louisiana Chemical Assn. v.Bingham, 550 F. Supp. 1136, (W.D. La. 1982), aff’d, 731 F.2d 280 (5th Cir. 1984) . Section 8 authorizes the Secretary “to compile, analyze, and publish, whether in summary or detailed form, all reports or information obtained under this section.” Section 8 of the Act empowers the Secretary “to prescribe such rules and regulations as he may deem necessary to carry out his responsibilities under the Act.”
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