Congress Moves to Overturn OSHA Recordkeeping Clarification Rule

NAHB Chair Granger MacDonald issued the following statement regarding the joint resolution of disapproval that was introduced in the House today to overturn the Occupational Safety and Health Administration’s (OSHA) recordkeeping rule known as the Volks rule:

“NAHB commends the U.S. House of Representatives for using the Congressional Review Act in an effort to overturn OSHA’s Volks rule. We have vigorously opposed this rule from the start, and have led the charge alongside dozens of other industry groups who stand ready to fight this unlawful example of regulatory overreach.

“In 2012, the U.S. Court of Appeals for the District of Columbia Circuit held that OSHA could not issue citations for failing to record an injury or illness beyond the six-month statute of limitations set forth in the Occupational Safety and Health Act. In a clear attempt to circumvent congressional authority and in spite of the court’s decision, OSHA went on to introduce this new recordkeeping rule, which went into effect last month. The Volks rule will subject millions of small businesses to citations for paperwork violations, while doing nothing to improve worker health and safety.

“The rule directly contradicts clear statutory language and the decision of the U.S. Court of Appeals. This abuse of authority cannot stand. We urge Congress to move swiftly in passing a joint resolution of disapproval for this burdensome, unlawful rule.”

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Comments (4)

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  1. Ted Clifton says:

    Thank you, NAHB leadership, for helping to push this through. It is nice to finally have leadership in Congress and in the White House who understand the unreasonable burdens we have been bearing for the last eight years.

  2. Rick Daniels says:

    Thanks for all you do. I feel this should be removed from the federal government and should be done by the states.

  3. The balance of power created by the United States constitution is vital to a free and prosperous society. When one branch of government exceeds its authority, it is incumbent on the other branches to take appropriate action to correct that violation. In this case it seems to have taken both the judicial branch and the legislative branch to make the correction to the executive branch’s improper action. Hopefully that will not be the case going forward under any circumstance. We must make sure that each branch of government keeps in line with its authority and we must be vigilant at all times to press the others to correct any misstep. NAHB leadership seems inclined to do so and should be applauded for its efforts. Thank you.

  4. Under the Constitution, Congress is the law making body of the Federal government. All administrative laws should be “proposed” law, subject to confirmation by Congress. Congress has shirked its Constitutional duties by delegating law making authority to bureaucrats. No one should be surprised when bureaucrats abuse this power. Congress needs to take back this authority.

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