|FOR IMMEDIATE RELEASE||CONTACT: Charlotte Norgaard|
|Date: March 23, 2017||(847) 493-7548|
STATEMENT: NRCA Commends U.S. Senate Approval of Resolution to Repeal OSHA Regulation
This statement is attributable to: Dennis Conway, Chairman of the Board, National Roofing Contractors Association (NRCA)
NRCA commends the U.S. Senate for passing S.J. Resolution 27, a Resolution of Disapproval that would repeal a regulation by the Occupational Safety and Health Administration (OSHA) that extends the statute of limitations on citations for recordkeeping violations. Issued in December 2016, the rule lengthened the statute of limitations for certain recordkeeping violations from six months to five years, which is inconsistent with the Occupational Safety and Health Act of 1970. The agency's overreach through this regulation does nothing to protect the nation's workforce; rather, it only adds burdensome costs to businesses with no safety benefit.
The U.S. Court of Appeals for the District of Columbia ruled in a case known as "Volks" that the requirement set out in the regulation for employers to make, keep and preserve records of occupational injuries and illnesses does not authorize OSHA to cite an employer for failing to make and maintain records beyond the six-month statute of limitations specified in the law. Judge Merrick Garland said OSHA's rationale for the five-year statute of limitations "is not reasonable."
NRCA commends the Senate for joining the House, which previously approved the Resolution, in righting this egregious example of agency overreach by reasserting Congress's Constitutional authority and repealing this unlawful regulation, clearing the way for action by the Trump administration.