Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Labor and Industry
Board
Safety and Health Codes Board
chapter
Federal Identical Recording and Reporting Occupational Injuries and Illnesses [16 VAC 25 ‑ 85]
This action is exempt from the executive branch review process.
Action:
Final Rule on the Clarification of Employers’ Continuing Obligation to Make and Maintain an Accurate Record of Each
 
General Information
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  [005551]
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 not intended to satisfy the requirement that an entire regulation be reviewed every 4 years.
 
Stages
Stages associated with this regulatory action.
Stage ID Stage Type Status
8321 Final Stage complete. This regulation became effective on 9/15/2018.
 
Contact Information
Name / Title: Regina P. Cobb  / Agency Management Analyst Sr.
Address: Department of Labor and Industry
Main Street Centre, 600 East Main Street
Richmond, VA 23219
Email Address: regina.cobb@doli.virginia.gov
Phone: (804)786-0610    FAX: (804)786-8418    TDD: ()-

This person is the primary contact for this chapter.