Edition: March 20, 2017


TO:  Brittney Clients & Friends


House Vote Overturns OSHA’s Recordkeeping Rule


The U.S. House of Representatives has voted to overturn an OSHA recordkeeping rule that was passed during the Obama administration and took effect in January. The next step is Senate approval, which is expected, before it lands on President Donald Trump’s desk, where it’s expected to be signed into law.


With the help of a rarely used measure known as the Congressional Review Act (CRA) the House voted 231 to 191 on March 1 to block a rule that clarified employers’ obligation to record all injuries and illnesses for as long as the employer must keep records of the recordable injury or illness—a period of five years. According to OSHA, “the duty does not expire just because the employer fails to create the necessary records when first required to do so.”

Alabama Republican Bradley Byrne, who introduced the legislation that was passed by the Republican-controlled House, called the OSHA rule a “power grab.” The Senate is expected to follow suit, and President Trump is expected to sign both bills.

In 2012, OSHA was on the losing end of a legal matter known as the Volks case. The court maintained that OSHA must cite an employer for failing to record an injury or illness within six months of the first day on which the recording was required. OSHA’s contention that recordkeeping violations are continuing led to the Obama-era rule that took effect January 18.

The Congressional Review Act provides a way of lawmakers to overturn an executive branch regulation. Under the CRA, before a rule can take effect, an agency must submit a report to each house of Congress and the Comptroller General containing a copy of the rule and a statement relating to the rule. Members of Congress have specified time periods in which to submit and take action on a joint resolution of disapproval. If both houses pass the resolution, it is sent to the President for signature or veto. A veto is not expected in this case. The case had been called an “over-reaching” power grab for OSHA.

On September 4, 2014, OMB received a proposed rule from the U.S. Department of Labor to allow OSHA to update its beryllium standard. As detailed in Executive Order 12866, OMB is required to complete its review within 90 days of receiving a proposed rule, with the option for a 30-day extension if needed.


Eight months have passed since OMB received the proposal for new Beryllium


While some workers are protected from high dust levels by air respirators and protective clothing, many workers still are exposed to the harmful effects of beryllium because their employers do not provide these protections.


Realizing this, the U.S. Department of Energy (DOE) enacted an exposure limit of 0.2 micrograms per cubic meter of air over an eight-hour work day, in all its facilities in April 2000.

In 2001, Public Citizen petitioned OSHA to follow the DOE’s lead and lower the exposure limit for beryllium by 90 percent, from its current threshold of 2.0 micrograms to 0.2 micrograms per cubic meter of air.

OSHA denied the petition even though it acknowledged in September 1999 that its “permissible exposure limits for beryllium in the workplace now appear to be too high to prevent chronic beryllium disease.”


In 2014, Public Citizen requested that the updated rule include better exposure monitoring, broader regulated areas, enhanced medical surveillance and clearer verification of compliance with the standard.


“For nearly 13 years, OSHA has been dragging its feet on updating its beryllium standard,” said Wrightson. “It is past time that the tens of thousands of workers exposed to beryllium on a daily basis get the protections they deserve. OMB must immediately complete its review of the proposed beryllium standard and allow OSHA to move forward with its public comment period.”


The new standard is now on “hold” awaiting more inputs.







Per OSHA, this training MUST be conducted over AT LEAST two days.  Cost is $180 per person and reservations are required by calling Brittney.  In addition, feel free to call Brittney to setup custom classes for your company with special pricing available.






Springfield (Brittney Office)

6:45 AM

13 Apr

14 Apr


*Call or email Tuesdi for reservations at (417) 866-8686.  




Class takes about 4 hours, with certification being for 2-years.  Cost is $80 per person and reservations must be made by calling or emailing Tuesdi at (417) 866-8686 to sign-up.





Springfield (Brittney Office)

7:00 AM

17 Apr