OSHA's Reporting Rule Under Fire

The Occupational Safety and Health Administration (OSHA) currently requires employers to keep records of work-related injuries and illnesses for a minimum of five years. This "reporting" rule has played a critical role in reducing the number of incidents that occur in the workplace. Data collected from this rule allows OSHA to make better decisions regarding workplace safety and wellness. However, there's a new effort underway to eliminate this rule.

Steps Taken to Nullify the Rule

Earlier this month, the United States Senate voted 50 to 48 in favor or eliminating OSHA's record-keeping rule. Just three weeks prior, the House of Representatives voted 231 to 191 in favor of eliminating the rule. This doesn't necessarily mean that it will be nullified, however. There's still more step needed before that happens: the President's signature. With that said, many experts believe the President will sign the nullification bill, effectively eliminating OSHA's rule that requires employers to keep records of work-related injuries and illnesses for at least five years.

Why are so many lawmakers eager to eliminate the OSHA's record-keeping rule? Opponents say the rule violates a 6-month statute of limitations for which organizations are required to keep records. OSHA, however, says that employers have a responsibility to keep records for safety purposes.

Reports show that a D.C. Circuit in 2012 rejected OSHA's record-keeping rule. In response, OSHA revised its rule and released a final rule in 2016. Opponents say the new rule imposed a burden on employers while doing little-to-nothing to improve worker safety.

“I applaud the Senate for their swift passage of my bill to stop this unlawful power grab. We should be focused on proactive policies that help improve workplace safety instead of punitive rules that do nothing to make American workers safer,” said Rep. Bradley Byrne.

Of course, there's a good reason why OSHA creates this rule in the first place. Each year, hundreds of thousands of workers are injured or succumb to illness while on the job. According to OSHA's own reports, more than 4,300 workers died on the job in 2015. While construction maintains the highest rate of injury and fatality, all industries have at least some incidents. OSHA's record-keeping rule helps the organization determine which industries are most hazardous; how those injuries occur; and whether their efforts are helping to reduce the number of work-related injuries and illnesses.

What Next?

So, what's next for OSHA's record-keeping rule? After passing in the House of Representatives and United States Senate, there's only one step left: a signature from the President. According to a statement by the White House, President Trump will sign the measure to nullify OSHA's record-keeping rule.