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Legislators Take Aim at OSHA Rules

House Democrats last week introduced legislation related to rules enforced by the Occupational Safety and Health Administration (OSHA).

Michigan Rep. Andy Levin introduced H.J. Resolution 44, “Disapproving the final rule of the Occupational Safety and Health Administration titled ‘Tracking of Workplace Injuries and Illnesses.’” The matter has been referred to the House Committee on Education and Labor.

OSHA released a final rule on Jan. 24 eliminating a previously approved requirement for covered employers with more than 250 employees to electronically submit detailed workplace injury and illness information to the agency. A lawsuit opposing the rule change was filed the following day.

The final rule requires employers to electronically submit information from Form 300A (Summary of Work-Related Injuries and Illnesses) on an annual basis, but eliminates required submission of Form 300 (Log of Work-Related Injuries and Illnesses) and Form 301 (Injury and Illness Incident Report). All OSHA logs must still be maintained onsite and remain subject to inspection and enforcement actions.

Connecticut Rep. Joe Courtney introduced H.R. 1074 to amend the OSH Act of 1970 to expand coverage under the act, increase protections for whistleblowers and penalties for serious violations, and adjust some penalties for inflation. This resolution has also been referred to the House Committee on Education and Labor.

OSHA has been operating without an Assistant Secretary of Labor since President Trump took office. The administration first nominated Scott Mugno, a former vice president of safety, sustainability and vehicle maintenance at FedEx Ground, on Nov. 1, 2017. Mugno was re-nominated to head the agency on Jan. 8, 2018, and again on Jan. 16, 2019. Prior to confirmation, he reportedly will be required to appear again before the Senate Health, Education, Labor and Pensions Committee.