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Ohio OSHA Law Blog

by Meyers Roman Friedberg & Lewis

President Trump un-does Obama-era OSHA reporting rule

Earlier this week, President Trump signed a Congressional resolution that revokes a key Obama-era OSHA rule. That rule, known as the Volks rule, extended OSHA’s authority to issue citations for record-keeping violations from six months to an astounding five years. While OSHA still requires employers to keep injury and illness logs for five years, OSHA will only issue record-keeping citations six months following a violation. For employers, this rule is change is significant. Gone is the risk of a costly OSHA citation for any record-keeping violation older than six months. Also significantly, this resolution does not impact OSHA’s electronic record-keeping rule and its anti-retaliation provisions, also enacted under President Obama’s watch. Stay tuned, however, as President Trump has promised that his federal agencies will focus on compliance and education, not enforcement. Accordingly, OSHA’s record-keeping and retaliation rules are far from safe.

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