Virginia Regulatory Town Hall
Department of Labor and Industry
Safety and Health Codes Board
Federal Identical Recording and Reporting Occupational Injuries and Illnesses [16 VAC 25 ‑ 85]
Chapter is Exempt from Article 2 of the Administrative Process Act
Action is Exempt from Article 2 of the Administrative Process Act
Final Rule on the Clarification of Employers’ Continuing Obligation to Make and Maintain an Accurate Record of Each
Action 5074
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.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: Code of Virginia, section 2.2-4006.A.4(c)
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.
New Periodic Review This action will be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
8321 Final Stage complete. This regulation became effective on 09/15/2018.
Contact Information
Name / Title: Cristin Bernhardt  / Regulatory Coordinator
Address: Main Street Centre
600 East Main Street
Richmond, VA 23219
Email Address:
Phone: (804)786-2392    FAX: (804)786-8418    TDD: ()-

This person is the primary contact for this chapter.