Another OSHA-related regulation on verge of reversal

A second OSHA-related regulation appears close to being reversed with a Senate vote this week to roll back a regulation that would have required firms that bid on government contracts to disclose past safety and labor law violations.

The measure, which had already been approved by the House of Representatives, gives President Trump the authority to overturn the regulation, which was put in place last year but was blocked from implementation by a federal judge after a lawsuit was filed by the Associated Builders and Contractors. A variety of business groups had objected to the role, saying it is vague, allows federal officials to arbitrarily target firms for punishment, and amounts to a federal “blacklisting” process.

The rule applies to bidding processes for federal contracts worth more than $500,000. The requirement to disclose OSHA citations would have applied to any serious, willful, repeat or failure-to-abate violation issued within three years prior to the federal government offering the contract. Disclosure on labor law violations would also have been required.

Also close to being reversed is a change in OSHA rules that extended employers’ liability for recording workplace injuries and illnesses to five years.

The House voted last week to overturn the rule change, which was put in place late last year. The Senate will now consider whether to follow suit.

The changed regulation was OSHA’s response to a 2012 U.S. Circuit Court of Appeals decision in the Volks case, which found that the company was not subject to a record-keeping citation after six months had elapsed since the alleged violation occurred.

Under the rule, records must be retained for five years, and a citation may be issued any time
during that period, if those records are found to be out of compliance.