Legislator wants to roll back OSHA recordkeeping rule

February 27th, 2017 by Dakota Software Staff Industry News

The Occupational Safety and Health Administration was one of a number of federal organizations to fast track rule changes and regulations as Barack Obama's federal administration came to a close. With President Donald Trump now in office, the regulatory climate is quite different. One example of this shift is the recent action started by U.S. Rep. Bradley Byrne to overturn a rule change made by the federal health and safety regulator in late 2016.

An attempt to reign in OSHA
A Washington, D.C., District Court case in 2012 related to the length of time for which the regulator can hold businesses accountable for retaining injury and illness records is the beginning of the issue, according to the Washington Examiner. In that case, the court ruled OSHA regulations only allowed for enforcement of penalties if recordkeeping violations were less than six months old. While companies could violate the rules put in place by the federal regulator past the six-month mark, they couldn't be penalized for it.

In response, OSHA presented a clarification that allowed it to sanction companies for recordkeeping violations that happened up to five years in the past. OSHA sent out a final rule about the issue in December 2016, with the initial proposed regulationhaving arrived in July 2015. The enhanced recordkeeping plan went into effect on Jan. 18, 2017. The health and safety regulator pointed to its longstanding position about the length of time for which businesses are responsible for health and safety records. It also highlighted the Occupational Safety and Health Review Commission's support for this interpretation as far back as 1993.

Rep. Byrne believes the change is an instance of OSHA overstepping its bounds and taking actions that are outside its purview, Alabama Today said.

"Unfortunately, the Obama administration consistently doubled down on failed, punitive policies that do more to tie small businesses in red tape than protect workers," Byrne said during a public meeting, according to Alabama Today. "With this rule, OSHA rewrote federal law while doing nothing to improve worker health and safety. Congress must reject this unlawful power grab and encourage the agency to adopt the responsible, proactive safety approach that America's workers deserve."

The challenge is still in its formative stages, but a successful move through the legislature could mean major changes for every business subject to this rule.