What played out as a soap opera of sorts involving all three branches of government has resulted in relief for employers. On March 22, 2017, the Senate narrowly adopted House Joint Resolution 83 (H.J.Res.83) under the Congressional Review Act. The joint resolution nullifies a recent Occupational Safety and Health Administration (OSHA) final rule that went into effect on January 18, 2017. The rule, “Clarification of Employer’s Continuing Obligation to Make and Maintain Accurate Records of Each Recordable Injury and Illness” (Continuing Obligation Rule), created a continuing obligation for employers to make and maintain an accurate record of workplace injuries and illnesses, and opened them up to OSHA citations beyond the six-month statute of limitations established under § 658(c) of the Occupational Safety and Health Act (OSH Act).
OSHA developed the Continuing Obligation Rule due to an unfavorable 2012 federal court decision holding that OSHA’s ability to issue citations is limited to the six-month period following the occurrence of a violation as set forth in the OSH Act (AKM LLC d/b/a Volks Constructors v. Sec’y of Labor, 675 F.3d 752 (D.C. Cir. 2012)). On March 1, the U.S. House of Representatives adopted H.J.Res.83 to preclude OSHA’s ability to enforce its Continuing Obligation Rule, resolving that it should have no force or effect. The Senate’s approval on March 22 means that the resolution will now go to President Trump for signature. President Trump has indicated that he will sign the resolution.