2017: Fitzpatrick Voted Against Cutting 10 Percent Of The Coal Mine
Safety And Health Program Funding. In September 2017, Fitzpatrick
voted against an amendment that would have, according to Congressional
Quarterly, "reduce the funding for the Coal Mine Safety and Health
program by 10 percent." More specifically, according to the text of the
amendment, "The Coal Mine Safety and Health program area of the Mine
Safety and Health Administration, comprising 964 employees, with annual
salaries aggregating $78,970,000, is hereby reduced by 10 percent
(comprising 96 employees, with annual salaries aggregating
$7,897,000)." The underlying legislation was a legislative vehicle for
an FY 2018 Omnibus appropriations bill. The House rejected the amendment
by a vote of 178 to 238. [House Vote 511,
9/13/17; Congressional
Quarterly, 9/13/17; Congress.gov, H.
Amdt.
418;
Congressional Actions, H. Amdt.
418;
Congressional Actions, H.R.
3354]
2017: Fitzpatrick Voted To Disapprove An OSHA Rule That Allowed OSHA
To Cite An Employer For Failing To Maintain Records Of Workplace Injury
Or Illness For Five Years After The Record Should Have Been Created.
In March 2017, Fitzpatrick voted for disapproving an OSHA rule on
workplace illness records via the Congressional Review Act. According to
Congressional Quarterly, "This resolution disapproves the rule issued by
the Occupational Safety and Health Administration (OSHA) on Dec. 19,
2016, which extended to five years the period for which an employer can
be cited for failing to make and maintain a record of workplace injury
or illness. The measure provides that the rule (formally know as the
Clarification of Employer's Continuing Obligation to Make and Maintain
an Accurate Record of Each Recordable Injury and Illness Rule) will have
no force or effect." The vote was on passage. The House passed the
measure by a vote of 231 to 191. The legislation was signed into law by
the president. [House Vote 121,
3/1/17; Congressional
Quarterly, 2/24/17;
Congressional Actions, H. J. Res.
83]
Current Law Requires That Employers Retain Employee Records Of
Injury Or Illness On The Job Within Seven Days; Records Must Be Kept
For Five Years. According to Congressional Quarterly, "The law
requires employers to record certain specified employee injuries and
illnesses that occur in the workplace so that information can be
used to enhance safety. The information is used by employers so they
can address recurring issues; by the Occupational Safety and Health
Administration (OSHA) so it can determine workplace hazards and
possibly address them through future regulations; and by the Bureau
of Labor Statistics to determine the most hazardous occupations and
inform the public. Under the law, employers are required to record
an injury or illness within seven days of when it occurs, and to
annually compile and submit to OSHA a complete record of workplace
injuries and illnesses. That annual record must be retained for five
years." [Congressional Quarterly,
2/24/17]
OSHA Had Been Issuing Citations For As Far Back As Five Years; A
Federal Appeals Court Said That The Law Only Allowed For Up To Six
Months And The New Rule Was Designed To Codify The Five Year
Allowance. According to Congressional Quarterly, "OSHA's practice
of issuing citations for injury record-keeping violations as far
back as five years after they occurred has been subject to
challenges dating back to 1993, but it was repeatedly upheld by the
Occupational Safety and Health Review Commission, most recently in a
2011 decision. In 2012, however, a three-judge panel for the U.S.
Court of Appeals for the District of Columbia Circuit ruled that the
1970 Occupational Safety and Health Act does not authorize OSHA to
'cite the employer for a record-making violation more than six
months after the recording failure,' saying that citations must be
issued within six months of the occurrence. In a separate and
concurring opinion, Appeals Court Judge Merrick Garland stated that
as he interpreted the 1970 law, OSHA could issue citations for
continuing violations of record-keeping requirements going back five
years --- but that OSHA had never issued rules to implement that
authority. Consequently, rather than appealing the court's decision,
OSHA conducted a rule-making to clarify its existing rules and
expressly authorize citations for failure to record an injury or
illness as far back as five years. OSHA's clarification rule was
published on Dec. 19, 2016, and took effect on Jan. 18, 2017."
[Congressional Quarterly,
2/24/17]
Supporters Of The Rule Say That The Law Requires Employers To Keep
The Records For Five Years. According to Congressional Quarterly,
"Opponents of the resolution, primarily Democrats, say OSHA's rule
simply provides the regulatory authority that the courts say was
granted by the 1970 law, and that it returns the workplace injury
and illness record-keeping standard to the practice that has been
successfully enforced by OSHA for decades. Noting that employers are
supposed to record an injury or illness within seven days of when it
occurs, they say that allowing citations during the entire five-year
record retention period simply enables OSHA to review for patterns
of employer negligence and appropriately punish those who do not
look out for their employees, which will encourage businesses to
comply with the reporting requirement." [Congressional Quarterly,
2/24/17]