The U.S. House of Representatives passed a HARDI supported resolution to overturn a controversial U.S. Occupational Safety and Health Administration (OSHA) rule that obligates employers have a continuing obligation to make and maintain an accurate record of each recordable injury and illness for five years.
The House voted 231 – 191 to adopt a resolution of disapproval under the Congressional Review Act.
While OSHA inspectors have long used this information to enhance health and safety protections in America’s jobsites, the law explicitly says that employers can only be cited for record-keeping violations within a six-month period. Yet during the waning days of the Obama administration, OSHA rewrote the requirement, which extends the threat of penalty up to five years.
Among the many concerns with the OSHA change, also known as the “Volks Rule,” is that it appears to be in clear contrast to the law, which mandates that an employer can only be cited for failing to keep proper health and safety records within six months. Two federal appeals courts have agreed that the statute of limitations is six months.
HARDI CEO Talbot Gee said, “HARDI applauds the House of Representatives for moving swiftly to reverse this action and urges the Senate to do the same. This rule does nothing to improve worker health and safety and burdens small businesses with unnecessary recordkeeping requirements. We urge OSHA to focus on working with business to address matters that could prevent future workplace injuries.”