Sheet Metal & Air Conditioning Contractors’ National Association


OSHA Recordkeeping Rule Repealed

A rule adopted by OSHA in December 2016 extended the time that companies could be held accountable for record-keeping violations from six months to five years. The 2016 regulation effectively negated a 2012 Appeals Court ruling (the “Volks” case) that held OSHA could not sustain citations against an employer for record-keeping violations that occurred more than six months before the issuance of the citation because of the six-month statute of limitations set forth in the OSH Act.

SMACNA signed on to a Coalition for Workplace Safety letter to Congress advocating the reversal of the onerous 5-year violation window. This week, President Trump signed a resolution pursuant to the Congressional Review Act that repealed the OSHA regulation and rolls back the violation window to the more reasonable 6-month period.

SMACNA members should continue compliance with existing record-keeping requirements, including maintaining an OSHA log of injuries and illnesses, and posting those results from February 1 through April 30th each year. For information on this article or OSHA recordkeeping requirements, contact Mike McCullion, director of market sectors and safety, at 703-995-4027 or