House May Vote March 1 to Revoke OSHA Recordkeeping Rule

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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

To contact the editor responsible for this story: Larry Pearl at

For More Information

The text of H.J. Res 83 is available at

The OSHA rule is available at

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