Congress Overturns Contested OSHA Record Keeping Rule

- The National Law Review reports that, on March 22, the Senate voted to nullify the Occupational Safety and Health Administration’s (OSHA) controversial “Volks” rule.

The rule required employers to maintain records of work-related injuries and illnesses, and empowered OSHA to write citations beyond the six-month statute of limitations. Under fire from industry groups, the U.S. Court of Appeals for the District of Columbia ruled against the rule in 2012, and OSHA was forced to rework the regulation.

OSHA states the updated final rule was created to, “clarify that the duty to make and maintain an accurate record of an injury or illness continues for as long as the employer must keep and make available records for the year in which the injury or illness occurred.”

Industry groups, however, maintain that the regulation exceeds the statute of limitations and OSHA’s regulatory power. The recent vote indicates that, currently, Washington agrees.

Having already passed in the House, the resolution will move to the desk of President Trump, who is likely to sign.

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