Issue link: http://palletcentral.uberflip.com/i/1493464
36 PalletCentral • November-December 2022 palletcentral.com Adele L. Abrams is an attorney and safety professional who represents companies in litigation with OSHA and also provides safety training and consultation. The Law Office of Adele L. Abrams PC has three offices: Beltsville, MD; Denver, CO; and Charleston, WV. She may be reached at www.safety-law.com or 301-595-3520. January 9, 2023, by Rep. Andy Biggs (R-AZ). e legislation would rescind the 1970 legislation that created OSHA, the Occupational Safety and Health Review Commission, and the National Institute for Occupational Safety and Health (NIOSH) – and abolish the agency of OSHA immediately. is is quite a shift from the previous Congress, where the Democratic majority had considered bills to increase OSHA criminal liability and enhance whistleblower protections. Expect more legislation from the Republicans to slash OSHA/NIOSH funding over the next two years. Rep. Virginia Foxx (R-NC) is the new Chair of the House Education and Workforce Committee now, and the name was changed from "Education and Labor" immediately. Rep. Bobby Scott (D-VA) is the ranking member now, and this is the committee that will be holding oversight hearings on OSHA and MSHA in the coming months. Another Congressional power is to rescind federal agency rules using the Congressional Review Act (CRA). is was done in 2021 to kill the Clinton Administration's final Ergonomics Standard as well as being used in 2017, to eliminate the Obama Administration's "Continuing Violation" rule (which would have allowed citations to be issued for errors and omissions in mandatory records for as long as the record must be maintained – rather than applying the 180-day OSHA statute of limitations). When the CRA is invoked, it requires passage by the House and Senate – and the president's signature. At that point, the agency can never again promulgate a similar rule without the express consent of Congress. Currently, the GOP-controlled House may well take such action – at least symbolically – if OSHA adopts any rule that the business community objects to, but the Democrats hold a slim majority in the Senate so any CRA measure would not be brought up for a vote there (unless the balance changes) – and President Biden would not sign such a law. Still, this is a process that could place pending OSHA rules at risk in 2025 – when the next Congress and President take office – if they are adopted in mid-2024 or later. Stay tuned!