House May Vote March 1 to Revoke OSHA Recordkeeping Rule

Rely on Occupational Safety & Health ReporterSM for full news coverage and documentation of federal and state workplace safety and health programs, standards, legislation,...

By Bruce Rolfsen

The House is likely to vote March 1 on a resolution seeking to overturn OSHA’s recordkeeping rule just over a week after being introduced, a spokesman for the resolution’s sponsor told Bloomberg BNA Feb. 28.

During a Feb. 27 session, the House Committee on Rules voted to allow one hour of debate on the resolution ( H.J. Res. 83), with 30 minutes each allocated to the resolution’s backers and opponents. Rep. Bradley Byrne (R-Ala.) introduced the resolution on Feb. 21.

Under the requirements of the Congressional Review Act (CRA), the resolution can’t take effect until after the Senate approves the measure and the president agrees.

The Occupational Safety and Health Administration regulation, issued Dec. 16 (RIN:1218-AC84), allows the agency to cite employers for recordkeeping violations up to five years old. It specifies employers have a continuing obligation to maintain accurate injury and illness logs and that they can be cited for inaccurate information, even when the entry was made five years before a citation was issued.

The regulation was OSHA’s response to a 2012 decision, commonly called Volks II, by U.S. Court of Appeals for the District of Columbia Circuit. A three-judge panel unanimously concluded the Occupational Safety and Health Act prevented OSHA from citing employers for failing to record on-the-job injuries or illnesses if the violation took place more than six months before the citation was issued.

To contact the reporter on this story: Bruce Rolfsen in Washington at BRolfsen@bna.com

To contact the editor responsible for this story: Larry Pearl at lpearl@bna.com

For More Information

The text of H.J. Res 83 is available at http://src.bna.com/mys.

The OSHA rule is available at http://src.bna.com/kOZ.

Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.

Try Occupational Safety & Health Reporter℠