On Oct. 27, the ABC-led Coalition for Workplace Safety (CWS) submitted comments urging the Occupational Safety and Health Administration (OSHA) to withdraw its proposed rule clarifying an employer’s continuing obligation to make and maintain accurate records of reportable injuries.
The proposed rule aims to reverse the U.S. Court of Appeals for the District of Columbia Circuit’s decision in AKM LLC d/b/a Volks Constructors v. Sec’y of Labor
, commonly referred to as the “Volks” decision. The court stated OSHA must stick to a six-month statute of limitations when citing a company for failure to record an injury or illness and cannot treat such an event as a continuing violation throughout the five-year recordkeeping period.
In its comments, CWS stated “in the face of clear, unambiguous statutory language demonstrating Congressional intent, echoed by the U.S. Court of Appeals for the District of Columbia in Volks, any argument by OSHA that it has legal authority to promulgate a regulation overriding the six month statute of limitation is simply without merit.”
To read CWS’s full comments, click here