‘Volks’ Recordkeeping Rule Struck Down

osha ruling

President Trump has signed H.J. Res 83, a resolution of disapproval under the Congressional Review Act that targeted OSHA’s rule “Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness,” informally referred to as the “Volks” rule.

This rule made recordkeeping requirements a continuing obligation and effectively gave OSHA the ability to issue citations to employers for failing to record work-related injuries and illnesses during the 5-year retention period, contrary to the six-month statute of limitations.

Now that the resolution has been signed, the Volks rule cannot take effect and OSHA is prohibited from promulgating a rule “in substantially the same form,” Tressi Cordaro, a Washington-based shareholder at Jackson Lewis P.C., said in a blog post on Tuesday.

“This means OSHA is prohibited from issuing employers citations for failing to record injuries or illnesses beyond the six-month statute of limitations set out in the (Occupational Safety and Health Act),” she said. “While OSHA is prohibited from issuing citations beyond the six-month statute of limitations, employers are still required to maintain injury and illness records for five years.”

Employers should also continue to update their OSHA injury logs when new or additional information is discovered about the recordability of injuries during that five-year period, Ms. Cordaro said.

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