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Biden’s Recordkeeping Rule is Another Flawed Obama-era Rerun

Today, Education and Labor Committee Republican Leader Virginia Foxx (R-NC) and Workforce Protections Subcommittee Republican Leader Fred Keller (R-PA) sent a letter to Labor Department Secretary Marty Walsh opposing the Occupational Safety and Health Administration’s (OSHA) proposed rule which ignores worker privacy and revives controversial Obama-era recordkeeping regulations.

In the letter, the Members write: “The U.S. Department of Labor (DOL) should abandon this proposed rule because it completely ignores worker privacy concerns and adds burdensome new requirements with little value in keeping workers safe. With this proposed rule, the administration seemingly intends to reward its Big Labor allies and to continue its crusade against job creators and their employees without improving workplace safety.”

The Member continue: “Among the egregious provisions this proposed rule revives from the 2016 rule is the requirement that certain establishments submit detailed injury and illness data that contain confidential and personally identifiable worker information. These forms contain sensitive employee information such as employee names, date of hire, job titles, gender, descriptions of injuries and body parts affected, employee’s home address, date of birth, and treatment for each recorded injury. This is sensitive employee information which the government is obligated to protect.”

The Members conclude: “This proposed rule is not about improving workplace safety. Rather, it is another transparent action from the Biden administration to reward their Big Labor allies. This proposed rule promotes the public shaming of employers, taking workplace safety data out of context and publishing it online for labor unions to exploit during organizing efforts and to pressure employers in negotiations.”

Background: The Education and Labor Committee examined this issue extensively during the Obama administration and held numerous hearings with testimony from a variety of stakeholders, including employers, workers, legal and human resource professionals, and public health officials. The Committee heard from witnesses who testified on the burden these requirements place on employers, and how they detract from proactive workplace safety programs and initiatives employers take to reduce accidents before they happen.

Read the full letter here


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