March 24, 2017

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March 22, 2017

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House of Representatives Votes to Block OSHA Recordkeeping Rule

The House of Representatives has voted to block a new Occupational Safety and Health Administration recordkeeping rule implemented in the last weeks of the Obama Administration. “Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness” was published in the Federal Register on December 19, 2016, and became effective on January 18, 2017.

OSHA issued the rule in response to the U.S. Court of Appeals for the D.C. Circuit’s AKM LLC d/b/a Volks Constructors v. Secretary of Labor. The Court held that because of the Occupational Safety and Health Act’s six-month statute of limitations, OSHA could not cite an employer for failing to record an injury or illness when the obligation to record that injury or illness exceeded the limitation period.

Despite this holding, OSHA engaged in rulemaking to overturn the decision, attempting to “clarify” through added language in the regulatory text that employers have a continuing obligation to record injuries and illnesses. This includes, in OSHA’s view, a requirement for employers to record injuries and illnesses even if they failed to initially comply with an OSHA recordkeeping requirement at the time the injuries or illnesses occurred.

On February 21, 2017, House Republican lawmakers introduced H.J. Res. 83 to repeal the rule, spurred by widespread concern that the rule was an attempt to overturn the plain language of the OSH Act through regulation. On March 1, 2017, the House voted for the legislation, 231-191. The vote was split mostly along party lines, with 227 Republicans and four Democrats supporting the bill, and 185 Democrats and six Republicans against the bill.

The bill was received by the Senate on March 2, 2017, where it is pending action.

Jackson Lewis P.C. © 2017

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About this Author

Carla J. Gunnin, Jackson Lewis, OSHA Lawyer, Employment Safety Attorney
Principal

Carla Gunnin is a Principal in the Atlanta, Georgia, office of Jackson Lewis P.C. She is Co-Leader of the firm’s Workplace Safety and Health practice group. She focuses her practice on occupational safety and health issues.

Although she is based in the firm’s Atlanta office, Ms. Gunnin has a national practice and litigates cases before federal and state administrative tribunals throughout the United States in matters of Occupational Safety and Health (OSHA) law and Mine Safety and Health (MSHA) law.

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