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Stephanie Salmon, AFS Washington Office; Jeff Hannapel & Christian Richter, The Policy Group, Washington, D.C. WASHINGTON ALERT

Congress Approves Resolution to Overturn Volks Recordkeeping Rule


Te U.S. Congress approved an AFS-supported resolution (H.J. Res 83) in March to block implementation of the Occupational Safety and Health Administration’s (OSHA) “Volks” recordkeeping final rule through the Congressional Review Act (CRA). OSHA’s final rule, known as Clari-

fication of an Employer’s Continuing Obligation to Make and Maintain an Accurate Record of Each Recordable Injury and Illness, extended the time period in which an employer may be cited by OSHA for recordkeeping vio- lations from six months to up to five years. Te OSHA rulemaking reversed the U.S. Court of Appeals for the Dis- trict of Columbia Circuit’s decision, which stated that OSHA must stick to a six-month statute of limitations when citing a company for failure to record an injury or illness and cannot treat such an event as a continuing vio- lation throughout the five-year record-


Congress, Administration Roll Back “Blacklisting Rule”

President Trump signed a Congressional Review Act resolu- tion (H.J. Res. 37) on March 27 that rolled back the Fair Pay and Safe Workplaces Act, which would have required bidders for federal contracts to disclose their alleged labor and employment law violations for a three-year period for consideration in the bidding process.

The rules were finalized towards the end of the Obama administration and would have re- quired government contractors and subcontractors to report alleged violations of 14 federal labor and employment laws for consideration

by government contracting officers in awarding federal contracts, among other onerous requirements.

Executive Order to Review Clean Power Plan Rules

Included in the March 28 White House Executive Order are direc- tions for the Environmental Protection Agency (EPA) to review and revise regulations of greenhouse gas emis- sions from electricity generating utili- ties, known as the Clean Power Plan (CPP) regulations.

These rules developed under the Obama administration would ad- versely impact the competitiveness of energy intensive industries, including domestic metalcasters. In particular,

the rules disproportionately im- pacted states with coal-generated electricity and have put the afford- ability and reliability of electricity for foundries at risk.

AFS and other leading trade as- sociations have supported efforts in federal court to turn back EPA’s CPP rules, which the executive orders address. The EPA will revise the CPP regulations. The process could take over a year, as it requires the EPA to follow the same procedure of rulemaking used when crafting the original plan.

For additional information, contact Stephanie Salmon, AFS Washington Off ice,


keeping period. Te final rule issued at the end of the Obama administration, went into effect on Jan. 18, 2017. Ahead of the vote, AFS signed

onto a coalition letter sent to both chambers urging them to support the resolution and explained how OSHA’s promulgation of the recordkeeping

rulemaking is a “clear overstepping of its authority and a contradiction of the OSH Act and U.S. Court of Appeals decisions.” President Trump was expected to sign the resolution shortly, which would also prevent a future administration from issuing a similar regulation.

The U.S. Congress approved AFS supported resolution (H.J. Res 83) in March to block implementa- tion of the Occupational Safety and Health Administration’s (OSHA) “Volks” recordkeeping final rule through the Congressional Review Act (CRA).

April 2017 MODERN CASTING | 15

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