|Action Summary||Under the Congressional Review Act, Congress passed and the President signed Public Law 115-21, a resolution of disapproval of OSHA’s final rule entitled, “Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness,” which was informally referred to as the “Volks” rule. The “Volks” rule affirmed longstanding OSHA policy by putting into regulation recordkeeping requirements stating that employers had a continuing obligation to maintain accurate injury and illness records and effectively gave OSHA the ability to issue citations to employers for failing to record work-related injuries and illnesses during the five-year retention period, (normally OSHA has a six-month statute of limitations to issue violations). To that end, the most recent amendments generally restore the affected recordkeeping regulations to the pre-clarification rule, i.e., prior to the December 19, 2016 final rule, effective nationally on January 18, 2017, and in Virginia on May 15, 2017; and removed any references to an employer’s continuing obligation to make and maintain an accurate record of each recordable injury and illness.|
|Chapters Affected||Only affects this chapter.|
|Exempt from APA||Yes, this chapter of the VA Administrative Code is exempt from the Administrative Process Act. The normal executive branch review process is not required.|
|RIS Project||Yes |
Is Federal action a driving factor in this regulatory change? If so, please provide a specific reference to the law, regulation
or court case.
Amendment to OSHA regulation, Part 1904 - Recordkeeping.
|Note||This action is intended to satisfy the requirement that an entire regulation be reviewed every 4 years.|
|Name / Title:||Regina P. Cobb / Agency Management Analyst Sr.|
Department of Labor and Industry
Main Street Centre, 600 East Main Street
Richmond, VA 23219
|Phone:||(804)786-0610 FAX: (804)786-8418 TDD: ()-|