OSHA's Anti-Retaliation Provisions Take Effect
With the anti-retaliation provisions in OSHA's injury and illness recordkeeping rule taking effect today, Dec. 1, 2016, ASSE has created an infographic that explains the provisions and offers some guidance on what OSH professionals and their companies should do to confirm that they are complying with the new requirements.
Under the rule, employers must inform workers of their right to report work-related injuries and illnesses without fear of retaliation; implement procedures for reporting injuries and illnesses that are reasonable and do not deter workers from reporting; and incorporate the existing statutory prohibition on retaliating against workers for reporting injuries and illnesses. As reported in the National Law Review, with the new provisions in place, OSHA may "investigate complaints by employees who believe they have suffered retaliation for reporting an injury by virtue of an employer’s policies, such as postaccident testing, incentive programs (where employees as individuals or as a group lose, or do not receive, certain pay) or late reporting of an injury by the employee."
OSHA had twice extended the original effective date of Aug. 10, 2016, the first time to conduct more public outreach and the second time at the request of the U.S. District Court for the Northern District of Texas, which was considering a motion challenging the new provisions. The court denied that motion on Nov. 29, 2016.