BREAKING NEWS: Congress Nullifies Department of Labor (DOL) Final Rule Regarding Employer Injury Reporting

March 23, 2017

Congress approved a Joint Resolution nullifying the Department of Labor’s Final Rule published on December 19, 2016 entitled “Clarification of Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness.” Department of LaborPreviously, the Rule had imposed greater recording and recordkeeping requirements upon employers with respect to Occupational Injuries, and imposed penalties on employers for each day that their recordkeeping remained inaccurate, with a long statute of limitations of five years.  The prior Rule had been contrary to the D.C. Circuit’s 2012 decision in AKM LLC v. Secretary of Labor, which limited the employer’s liability to a strict 6 month statute of limitations for continuing recording and recordkeeping violations.  In doing so, the Court relied upon the language of Section 9 of the OSH Act, which states, “No citation may be issued under this section after the expiration of six months following the occurrence of any violation.”   Today’s Resolution effectively reinstates this court decision by nullifying the Final Rule which had taken effect on January 18, 2017.  If you have any questions regarding this ruling please contact kcurry@pselaw.com or call 937-223-1130.

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