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Congress Repeals OSHA Reporting Rule

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Authors: D. Mark Wilson

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This week, the Senate voted to repeal an Occupational Safety and Health Administration rule allowing the agency to cite employers for failing to record on-the-job injuries or illnesses that took place more than six months before the citation was issued.  The rule, published after the election, was intended to circumvent a unanimous D.C. Circuit decision in 2012 prohibiting OSHA from issuing such citations.  The Obama administration didn't appeal the decision, but instead issued the new rule in the closing days of the administration.  "One by one, this Congress is taking on the previous administration's unnecessary and burdensome rules that have weighed down our job creators and our economy," Sen. Johnny Isakson (R-GA) said in a statement.  The Senate vote marks the 10th time this year Congress has struck down an Obama-era rule.  To date, President Trump has signed three Congressional Review Act (CRA) resolutions of disapproval.  Seven other resolutions, including one striking down the rules implementing the Fair Pay and Safe Workplaces (a.k.a, Blackisting) Executive Order, are awaiting the President’s signature. 

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