Enhanced OSHA recordkeeping rule is officially gone

April 28th, 2017 by Dakota Software Staff Industry News

A joint resolution signed by President Donald Trump brought an official end to an Occupational Safety and Health Administration rule that has been embroiled in conflict for some time. The enhanced recordkeeping regulations often referred to as the Volks rule, were halted on April 3, when Trump signed the resolution. As Safety + Health magazine pointed out, the resolution was voted on by the House of Representatives and the Senate. Both houses approved the resolution designed to stop a codified expansion of OSHA rules related to recordkeeping requirements

Requirement for businesses remains, but enforcement stopped

The Volks rule and its repeal have interesting context. The underlying need for businesses to create and retain accurate records related to employee injuries hasn't changed - companies still have to engage in this effort. However, OSHA can't enforce any penalties related to improper or otherwise deficient recordkeeping that involves issues more than six months old.

The Volks rule had allowed the federal health and safety watchdog to act on illness and injury recordkeeping issues that were as old as five years before the regulation was overturned, as the Society for Human Resources Management pointed out. It had only been on the books for a short time, as it was published in late December 2016. However, OSHA had followed similar enforcement provisions for some time before the rule was officially put in place.

Rep. Bradley Byrne (R-AL) has been an outspoken critic of the increased power given to OSHA by the regulatory change. He released a statement about the repeal of the enhanced law.

"The role of the executive branch is to enforce the laws - not rewrite them," Byrne said, according to Safety + Health magazine. "This OSHA power grab was completely unlawful. It would have done nothing to improve workplace safety while creating significant regulatory confusion for small businesses… This is just one step in our efforts to uphold the rule of law and advance responsible, proactive policies that keep America's workers safe."

The rule change is ultimately one that removes the long-term possibility of penalties for businesses. While companies still have to maintain the records for five years, penalties can only be issued for recordkeeping issues less than six months old. With the Volks rule having been challenged several times during its development and unofficial use by OSHA, it's not surprising a relatively quick repeal occurred.

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