OSHA thought that it could avoid the courts decision by amending its regulations to state that the duty to have correct logs continued throughout the five-year period that the logs must be retained. It did so even though the D.C. Circuit, anticipating this move, stated that it would be madness for OSHA to attempt to avoid the courts ruling by amending its regulations. We do not believe Congress expressly established a statute of limitations only to implicitly encourage the Secretary to ignore it. OSHAs attempt also rested on a fictionthat the D.C. Circuits ruling had been based on a misunderstanding of OSHAs regulations, when it instead rested on the wording of a statute, which OSHA could not change by administrative fiat. OSHAs preamble to the amendments stated that it was instead following a minority opinion in the Volks case, namely the concurring opinion of Judge Garland, which rested on the wording of OSHAs regulations. OSHAs attempt was widely seen as a lawless effort to avoid what the D.C. Circuit called clear statutory language. This impression was reinforced when on hydraulic cylinders December 29, the Fifth Circuit endorsed the reasoning of the Volks decision in Delek Ref., Ltd. v.
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