“The Volks rule … was issued on December 19, 2016, during the final days of the Obama Administration. OSHA claims the rule was created to clarify that an employer’s duty to make and maintain accurate injury and illness records (OSHA 300 logs) is an ongoing obligation, and that OSHA has five-and-a-half years to cite an employer for failing to do so,” writes Michael Rubin, Chair of the OSHA and Worksite Safety Practice Group.
In his article for Modern Contractor Solutions, Mike looks at the controversial Volks rule and its future under the current administration.
In AKM LLC dba Volks Constructors v. Secretary of Labor, the U.S. Court of Appeals for the District of Columbia held that OSHA must cite an employer for failure to properly record a workplace injury or illness within six months of the date of the alleged error. After the verdict was announced, OSHA released the Volks rule. Mike continues on to say, “Few, if any, would agree that the Volks rule was simply meant to gently clarify OSHA’s recordkeeping regulations. Instead, it was a very transparent attempt to circumvent the Court’s decision—which provided an in-depth analysis of the OSH Act and recordkeeping regulations.” He then concludes by highlighting the overturning of Volks as being in-line with “a less aggressive OSHA many expected to see with the new Administration.”