On May 12, 2016, the Occupational Safety and Health Administration (OSHA) issued a final rule requiring certain employers to electronically submit data from their work-related injury records to OSHA. OSHA intends to publish this employer information on a public website.

Fearing that this publicity would lead employers to discourage employees from reporting injuries and illnesses, OSHA included anti-retaliation provisions in the final rule. Since the final rule was issued, additional developments have occurred:

  • On Oct. 12, 2016, OSHA announced it would delay enforcement of the anti-retaliation provisions to December 1, 2016, due to a lawsuit challenging the rule.
  • On Oct. 19, 2016, OSHA published an interpretation of how the anti-retaliation provisions affect employee discipline, drug and alcohol testing, and safety incentive programs.

Despite the court challenge, the anti-retaliation provisions are scheduled to take effect on Dec. 1, 2016. For this reason, employers should review their programs and policies to comply with the new rule and OSHA’s recent interpretation.

You can read additional details about these new regulations by clicking HERE.