OSHA Anti-Retaliation Protection Regulations On Hold Until November 1

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OSHA safety equipment

In May, OSHA announced new anti-retaliation protection provisions in conjunction with new reporting requirements. The rule prohibits all employers from discouraging workers from reporting a work-related injury or illness. Under the rules:

  

  • Employers must inform employees of their right to report injuries and illnesses without fear of retaliation. OSHA defines retaliation as “termination, reduction in pay, reassignment to a less desirable position, or any other adverse action.” Clubs should be posting OSHA "It's The Law" worker rights poster (edition April 2015 or later). 
  • Employers also must establish a reporting procedure that does not deter or discourage an employee from reporting work-related injuries and illnesses. These should not be cumbersome or burdensome to the employee.  
  • Lastly, the rule clarifies the existing implicit requirement that an employer’s procedure for reporting work-related injuries and illnesses must be reasonable, and cannot in anyway deter or discourage employees from reporting such instances. The rule also delved into workplace safety incentive programs and how these should be an area of concern if they have the effect of dissuading the reporting of injuries and illnesses. 

The final rules regarding anti-retaliation were slated to become effective August 10, but are now delayed until November 1, 2016. OSHA announced the delay in enforcement in an effort to provide more compliance information to employers. 

Meanwhile, several business groups have challenged the legality of the rule in the US District Court and requested an emergency injunction to stop it from becoming effective.

It is important to note that the employer reporting requirements were not delayed and will become effective as scheduled. 

Posted by Will Flourance at 07/26/2016 03:16:53 PM | 


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