President Trump signed H.J. Res 83 into law, blocking the so-called Volks rule that would have allowed OSHA to cite employers for failures to record or for misrecording workplace injuries or illnesses that occurred up to 5 years prior to when the citation is written among other provisions.
The measure was introduced by Rep. Bradley Byrne (R-AL), chair of the Subcommittee on Workforce Protections, who charactized the rule as "an OSHA power grab [that] was completely unlawful." In thanking President Trump for his action, Byrne says the rule would not have improved workplace safety. "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.”
According to Howard Mavity, a partner in the Atlanta office of Fisher Phillips, "The Volks rule was an easy target for a Congress eager to use the CRA [Congressional Review Act]. Employers should not assume that wholesale changes will now occur with regard to controversial new requirements such as OSHA’s electronic recordkeeping and the related antiretaliation provisions." Mavity advises employers to assume that those measures will move forward as introduced until further notice.
Originally published April 5, 2017.