In the final days of the Obama Administration, OSHA finalized a rule that sought to restore what the agency called a “longstanding position” that employers must record and keep records of worker injuries or illness for a full five years or they could be cited.

The D.C. Circuit in a case involving Volks Constructors held that OSHA’s rule of citing employers for the full five year period for such violations exceeded its statutory authority and limited citations to the standard 6 month period.

Last week, the Senate passed a resolution to undo the “Volks” rule and now it will be sent to the President who has indicated that he will sign so it looks like just a matter of time before the “Volks” rule is finally gone.