Representative Bradley Byrne

Representing the 1st District of Alabama

President Trump Signs Byrne’s Bill to Stop Unlawful Power Grab

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Apr 3, 2017
Press Release

Congressman Bradley Byrne (R-AL), Chairman of the House Workforce Protections Subcommittee, issued the following statement in response to President Donald Trump signing H.J. Res. 83 into law.

Rep. Byrne introduced H.J. Res. 83 earlier this year to block an unlawful rule by the Obama Occupational Safety and Health Administration (OSHA) that violates the Occupational Safety and Health Act and fails to improve workplace safety.

Byrne said: “The role of the executive branch is to enforce the laws — not rewrite them. This OSHA power grab was completely unlawful. It would have done nothing to improve workplace safety while creating significant regulatory confusion for small businesses.

“I want to thank President Trump for signing this important resolution and blocking the Obama administration’s attempt to change the law through executive fiat. This is just one step in our efforts to uphold the rule of law and advance responsible, proactive policies that keep America’s workers safe.”

 

BACKGROUND: Currently, employers are required to record and maintain a log of workplace injuries and illnesses that occur during a five-year span. While OSHA inspectors have long used this information to enhance health and safety protections in America’s jobsites, the Occupational Safety and Health (OSH) Act explicitly says that employers can only be cited for record-keeping violations within a six-month time period. Yet during the waning days of the Obama administration, OSHA rewrote the law through regulatory fiat. The agency finalized the “Volks” rule, which extends the threat of penalty up to five years.

Two federal appeals courts have rejected the very policies reflected in the rule after a Louisiana construction company was cited for paperwork errors occurring nearly five years prior. “We do not believe Congress expressly established a statute of limitations only to implicitly encourage the Secretary to ignore it,” the D.C. Circuit Court noted. The “Volks” rule:

  • Is an unlawful power grab. Congress has the authority to write laws — not government agencies. The OSH Act explicitly states that an employer may only be cited for failing to keep proper health and safety records within six months. Two federal appeals courts have agreed that the statute of limitations is six months.
  • Does nothing to improve worker health and safety. Instead of focusing on paperwork errors that occurred five years ago, OSHA should spend its time and resources addressing current working conditions and preventing injuries and illnesses from happening in the future.
  • Creates regulatory confusion for small businesses. By finalizing an unlawful regulation, the Obama administration created significant uncertainty for employers. The rule particularly hurts small business owners who will face a confusing maze of record-keeping standards and unwarranted litigation.

Under the Congressional Review Act, Congress may pass a resolution of disapproval to prevent, with the full force of law, a federal agency from implementing a rule or issuing a rule that is substantially the same without congressional authorization. Chairman Byrne’s resolution (H. J. Res 83) would block OSHA’s “Volks” rule from taking effect and prevent future administrations from promulgating a similar rule.

For a copy of the resolution, click here.

To read a fact sheet, click here.