Bradley Byrne moves to overturn OSHA’s ‘unlawful power grab’
In the final weeks of the Obama administration, the Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a rule clarifying an employer’s continuing obligation to make and maintain an accurate log of workplace injuries and illnesses for five years after they occur. While OSHA inspectors have long used this information to enhance health and safety protections in America’s jobsites, the law explicitly says that employers can only be cited for record-keeping violations within a six-month time period. Yet the new “Volks” rule, extends the threat of penalty up to five years, which many consider an attempt to make an end-run around a 2012 D.C. Circuit Court decision that previously ended the five-year practice. Alabama 1st District U.S. Rep. Bradley Bryrne is working to overturn the new rule, which he calls an “unlawful power grab by the Obama administration.” Chairman of the Subcommittee on Workforce Protections, Bryne introduced a resolution of disapproval, H. J. Res 83, under the Congressional Review Act to overturn the rule and reject a failed approach to workplace safety on Tuesday. “Every worker deserves safe and healthy working conditions, and bad actors who put hardworking men and women in harm’s way must be held accountable,” said Byrne. “That’s why Republicans have consistently called on OSHA to improve its enforcement efforts and collaborate with employers to address gaps in safety.” Under the Congressional Review Act, Congress may pass a resolution of disapproval to prevent, with the full force of law, a federal agency from implementing a rule or issuing a rule that is substantially the same without congressional authorization. Chairman Byrne’s resolution would block OSHA’s “Volks” rule from taking effect and prevent future administrations from promulgating a similar rule. Bryne continued, “Unfortunately, the Obama administration consistently doubled down on failed, punitive policies that do more to tie small businesses in red tape than protect workers. With this rule, OSHA rewrote federal law while doing nothing to improve worker health and safety. Congress must reject this unlawful power grab and encourage the agency to adopt the responsible, proactive safety approach that America’s workers deserve.” Prior to Byrne’s resolution, two federal appeals courts have rejected the policies reflected in the rule after a Louisiana construction company was cited for paperwork errors occurring nearly five years prior. “We do not believe Congress expressly established a statute of limitations only to implicitly encourage the Secretary to ignore it,” the D.C. Circuit Court noted.
Bradley Byrne: Standing up for Small Business
With the Thanksgiving holiday behind us, the hustle and bustle of the Christmas season has officially started. From shopping for presents to finalizing your travel plans, the next few weeks are sure to be busy. Many of you likely tried to get a head start on shopping last Friday, but did you know that Saturday was also a special day for shopping? Last Saturday marked Small Business Saturday. This is a day set aside to support our nation’s small businesses and to highlight the vital impact they have on our economy. Small Business Saturday is a relatively new tradition, but it has really taken off over the last few years. Since our nation’s founding, entrepreneurs and innovators have built our economy up through small businesses. These small businesses are very important to our economy. In fact, half of all working Americans who have a job in the private sector are working at a small business. From boutique clothing stores to ship repair companies to candle shops, Southwest Alabama is home to a wide range of small businesses. During my time in Congress, I have made it a top priority to visit these businesses in Southwest Alabama to learn more about the challenges they face. Sadly, I quickly realized that small businesses are drowning in costly regulations and a confusing maze of red tape. Since 2008, more small businesses have closed than have opened. That’s why I have made it a priority over the last two years to push for legislation that cuts back regulations, gets Washington out of the way, and allows small businesses to flourish. For example, the tax code is far too confusing and complicated for our small businesses. I believe we should simplify the tax code and make it easier for all Americans. It shouldn’t require countless hours and hundreds of dollars to do your taxes each year. A fairer, simpler tax code would go a long way toward getting the federal government off the back of our small businesses. The Internal Revenue Service (IRS) isn’t the only federal agency making life harder for small businesses. There is also the Occupational Safety and Health Administration (OHSA), which puts excessive compliance requirements on small businesses that simply don’t make sense. Regulations from the Environmental Protection Agency (EPA) are also driving up energy costs and making it harder for small businesses to get ahead. It seems like every day the Obama Administration is putting out a new, costly regulation. In the House, we have an entire committee devoted to fighting back against these regulations and supporting our nation’s small businesses. Chairman Steve Chabot (R-OH) and the House Small Business Committee work diligently to advance legislation designed to make life easier for our small businesses. This year alone, the House has passed a number of bills designed to support small business. In February, the House passed H.R. 527, the Small Business Regulatory Flexibility Improvements Act. This bill would require the federal government to conduct detailed cost analysis of proposed regulations and ensure small businesses have input before regulations are released. Another example of a House-passed small business bill is the Small Business Investment Company Capital Act of 2015, which would boost the Small Business Investment Company (SBIC). The SBIC is a public-private partnership that helps new small businesses gain access to equity and financing. In Congress, I am committed to being an outspoken advocate for small businesses as we work to get Washington bureaucrats out of the way. You can also do your part. As you check items off your Christmas list, don’t forget to spend time shopping at small businesses in your local community. They are the real backbone of our economy. Bradley Byrne is a member of the U.S. Congress representing Alabama’s 1st Congressional District.
Martha Roby: Making sense of workplace safety compliance
What if we could help companies comply with workplace safety rules on the front end, rather than impose harmful fines and penalties on the back end? New legislation that I’m proudly co-sponsoring does just that by helping industries voluntarily and proactively come into compliance with workplace safety guidelines. Known as the Voluntary Protection Program, VPP is an Occupational Safety and Health Administration (OSHA) program that has been successful since its creation in 1982. However, it was never authorized into law, making it subject to the whims of the Executive Branch. H.R. 2500 would finally authorize VPP in the law, making it permanent and allowing Congress to oversee and fund it properly through the appropriations process. While OSHA is charged with the important task of enforcing our nation’s workplace safety rules, this federal agency too often takes an aggressive, penalization-first approach when more productive options are available. VPP provides a voluntary, alternative method, with more than 2,200 work sites covering 900,000 employees all focused on proactive safety practices among employees, employers and OSHA. By requiring implementation of comprehensive health and safety protocols, this opt-in program yields fewer injuries and illnesses well below industry averages. What’s more in 2007, a report showed that VPP saved the federal government nearly $300 million, including $59 million by preventing worker injuries. We all want rules to be followed that ensure a safe workplace. But it makes sense to do so by placing more of an emphasis on practical means to protect workers through partnerships instead of penalties. That’s why VPP is a good move for both workers and businesses. I am grateful for the bipartisan efforts of my colleague, Rep. Todd Rokita, a Republican of Indiana, and Rep. Gene Green, a Democrat of Texas, who I have joined to introduce this bill. My goal is helping workers and businesses all across Alabama, and the nation, comply with safety rules in a more positive way. H.R. 2500 has been referred to the House Committee on Education and the Workforce. I will keep you updated as the bill moves through the legislative process. Martha Roby represents Alabama’s 2nd Congressional District. She is in her third term.
