Yesterday, March 22, 2017, the Senate passed H.J. Res. 83, the Congressional Review Act (CRA) resolution to invalidate an Occupational Safety and Health Administration (OSHA) regulation which was promulgated in December 2016 to overturn the 2012 D.C. Circuit Court “Volks” decision regarding the statute of limitations for recordkeeping violations. The “Volks” CRA was previously passed in the House of Representatives on March 1, 2017. The CRA resolution will now go to President Trump who has indicated he will sign it.
In the 2012 “Volks” case, AKM LLC dba Volks Constructors v. Secretary of Labor, a panel of the U.S. Court of Appeals for the District of Columbia Circuit unanimously held that OSHA no longer could issue citations alleging that an employer failed, more than 6 months before, to record an employee injury on a log. The “Volks” CRA resolution would block OSHA’s Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness. Finalized on December 19, 2016, the rule extended to five years the explicit six-month statute of limitations on recordkeeping violations in the Occupational Safety and Health Act of 1970.
IPC, along with a coalition of industry groups, opposed the rule, citing that OSHA lacked the statutory authority to override the original six-month limit contained in the OSHA Act. IPC has actively supported the efforts of the coalition seeking to overturn the rule.