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OSHA Postpones Enforcement of New Retaliation Provisions

Now scheduled to take effect Dec. 1, 2016


Published:

10.26.16 – By Joseph P. Hoag and Jeff Youmans

 

The retaliation provisions of OSHA’s new “Improve Tracking of Workplace Injuries and Illnesses” rule are now scheduled to take effect on Dec. 1, 2016.

 

OSHA states that the purpose of the rule is to intensify anti-retaliation enforcement and to encourage “accurate recording of work-related injuries and illnesses by preventing the under-recording that arises when workers are discouraged from reporting these occurrences.”

 

Employers are now required to establish “reasonable procedures” for employees to report work-related injuries and illnesses. The rule specifically states that a procedure would “not be reasonable” if it would “tend to deter” or “discourage” accurate reporting.

 

The most controversial aspect of the rule is an explicit statement in its preamble prohibiting employers from using drug testing (or the threat of drug testing) as a form of adverse action against employees who report injuries or illnesses.

 

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This announcement is a publication of Davis Wright Tremaine LLP. Our purpose in publishing this announcement is to inform our clients and friends of recent legal developments. It is not intended, nor should it be used, as a substitute for specific legal advice as legal counsel may only be given in response to inquiries regarding particular situations. Attorney advertising. Prior results do not guarantee a similar outcome. Davis Wright Tremaine, the D logo, and Defining Success Together are registered trademarks of Davis Wright Tremaine LLP. © 2015 Davis Wright Tremaine LLP. 1201 Third Avenue, Suite 2200, Seattle, WA 98101-3045
 
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