2017: Schweikert Voted For Cutting 10 Percent Of The Coal Mine Safety And Health Program Funding. In September 2017, Schweikert voted for 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: Schweikert 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, Schweikert 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]