Congress may give employers relief from burdensome Obama-Administration-imposed Occupational Health and Safety Administration (OSHA) rule that clarified an employer’s duty to record and maintain records of workplace injuries and illnesses is a continuing duty.
The House of Representatives on Wednesday, March 1, passed and sent to the Senate proposed House Joint Resolution 83 (Resolution) would disapprove and invalidate the Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness published
by OSHA on December 19, 2016 (Rule).
Adopted in response to a decision of the United States Court of Appeals for the District of Columbia Circuit that held that The Occupational Health and Safety Act does not permit OSHA to impose a continuing recordkeeping obligation on employers, the Rule states employer obligations to make and maintain accurate records of employee injury and illness the duty to make and maintain accurate records of work-related injuries and illnesses is an ongoing obligation that continues for as long as the employer must keep records of the recordable injury or illness. The Rule clarified this duty does not expire just because the employer fails to create the necessary records when first required to do so.
Representative Bradley Byrne (R-AL) introduced the Resolution, which seeks to use the Congressional Review Act (CRA) to overturn the Rule.
If the Senate also adopts the Resolution would overturn the Rule.