Code of the District of Columbia

§ 32–1113. Recordkeeping and reporting.

(a) Each employer shall make, keep, preserve, and make available to the Mayor any records relating to this chapter that the Mayor may require, by rule, for the enforcement of this chapter or for the development of information regarding the causes and prevention of occupational accidents and illnesses. The rules may include provisions requiring employers to conduct periodic inspections.

(b) The Mayor shall promulgate rules requiring employers to maintain accurate records of and to make periodic reports on work-related deaths, injuries, and illnesses, other than minor injuries requiring minimal treatment, regardless of whether minor injuries are reportable under Chapter 15 of Title 32.

(c) All employers, to the extent required by the Federal Act, shall maintain records and make reports to the Secretary of Labor in the same manner and to the same extent that would be required if no state plan were in effect under 29 U.S.C. § 667(c).

(d) The Mayor shall promulgate rules to require employers to maintain accurate records of employee exposure to any potentially toxic materials or harmful physical agents required to be monitored or measured under § 32-1108. The rules shall provide employees or other authorized representatives the right to observe the monitoring or measuring of potentially toxic materials or harmful physical agents and to access to the records. The rules shall make appropriate provisions for each employee, former employee, or the authorized representative of the employee or former employee to have access to the records on the exposure of the employee or former employee to toxic materials or harmful physical agents and to periodic summaries and other records required to be kept in the workplace under this chapter, except medical records of other employees and former employees. Information contained in records and reports concerning employee exposure to toxic substances may be made public and disseminated to employers, employees, or other representative organizations without disclosure of the name of individual who is the subject of the physical examination or special study.

(e) Each employer shall promptly notify each employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or at levels that exceed those prescribed by an applicable occupational safety and health rule promulgated under this chapter. Each employer shall promptly undertake to reduce the exposure to compliance levels and inform each employee who is being exposed of the corrective action being taken.

(f) Each employer shall notify the Mayor, within 24 hours, of an accident or occurrence that causes the death of an employee or a life threatening injury requiring the hospitalization of an employee.

(g) Each employer shall submit to the Mayor, within 10 days from the date of an injury or the date that the employer has knowledge of a disease or infection resulting from an injury, a duplicate copy of the report required to be made pursuant to § 32-808(c).