House votes to overturn OSHA rule on record-keeping

A change in OSHA rule on record-keeping that extended employers’ liability for recording workplace injuries and illnesses to five years appears close to being reversed.

The U.S. House of Representatives voted this week to overturn the rule change, which was put in place late last year. The Senate will now consider whether to follow suit, and if it does the measure will go to President Donald Trump for his signature.

The changed regulation was OSHA’s response to a 2012 U.S. Circuit Court of Appeals decision in the Volks case, which found that the company was not subject to a record-keeping citation after six months had elapsed since the alleged violation occurred.

Under the rule, records must be retained for five years, and a citation may be issued any time during that period, if those records are found to be out of compliance.

The rule covers OSHA 300 Logs, OSHA 301 Incident Reports, and the OSHA 300A Summary of Work-related Injuries and Illnesses.