President Trump Nullifies Amendments to OSHA’s Recordkeeping Rule

President Trump signed a Congressional resolution of disapproval that nullifies the recent amendments issued by the Occupational Safety and Health Administration to its recordkeeping rule.

In December 2016, OSHA issued a final rule clarifying the requirement for employers to make records of workplace injuries and maintain such records for five years following the injury, and establishing that recordkeeping violations are a continuing violation that may be challenged for up to six months following the five-year recordkeeping period. OSHA had issued this “clarification” because a 2012 federal case, AKM LLC v. Secretary of Labor, had held that the Occupational Safety and Health Act does not permit a continuing violations theory.