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Total Articles: 11

Is OSHA Backtracking on the Anti-Retaliation Provisions in the Recordkeeping Regulation?

The Occupational Safety and Health Administration (OSHA) added an anti-retaliation provision to the recordkeeping regulation finalized in May 2016, and it seems as if the workplace safety and health community has not stopped talking about it since. The impact of the provision on safety incentive programs and post-accident drug testing has been a particular focus of this conversation.

OSHA Releases “Recommended Practices for Anti-Retaliation Programs”

Last week OSHA announced the release of its “Recommended Practices for Anti-Retaliations Programs.” The publication is “intended to assist employers in creating workplaces that are free of retaliation … This document is advisory in nature and informational in content. It is not mandatory for employers, and does not interpret or create legal obligations.” Another caveat is that “This guidance is not intended to advise employees about their rights or protections under any whistleblower statute enforced by OSHA or any other government agency.”

OSHA Issues Resource on Best Practices in Anti-Retaliation Programs

The Occupational Safety and Health Administration (OSHA) has issued a resource to assist employers in creating workplaces in which workers feel comfortable voicing concerns without fear of retaliation. The newly released Recommended Practices for Anti-Retaliation Programs resource is advisory only, and does not interpret or create any legal obligations for public or private employers.

Auto Industry Faced With New OSHA Retaliation Rule

On December 14, 2016, the Occupational Safety and Health Administration (OSHA) published its final rule establishing procedures and time frames for handling automotive industry employees’ whistleblower retaliation complaints under MAP-21 (the Moving Ahead for Progress in the 21st Century Act, 49 U.S.C. 30171). The final rule, which became effective immediately, is identical to the interim final rule that was published on March 16, 2016.

OSHA Anti-Retaliation Rules Survive Legal Challenge

New anti-retaliation requirements from the Occupational Safety and Health Administration (OSHA) will remain in effect after a court denied a group of businesses' effort to temporarily stop them.

OSHA Delays Enforcement of Anti-Retaliation Provision Until December 1

OSHA has decided once again to postpone enforcement of the anti-retaliation provision contained in its new injury and illness tracking rule until December 1 in order to allow a federal court time to review a motion challenging the provision. OSHA initially intended to implement the provision on August 10, 2016. At that time, the roll-out was delayed to allow time for outreach to the community the rule affects.

OSHA Update – Enforcement of Anti-Retaliation Rules Delayed

OSHA has announced it will delay enforcement of the employee involvement provisions of its recently published final rule to Improve Tracking of Workplace Injuries and Illnesses until December 1, 2016. The delay is in response to a request by a federal district court in Texas, which is considering a complaint challenging implementation of the rule. As discussed in our June 20, 2016 Alert, the rule’s anti-retaliation provision states that procedures that deter or discourage employee reporting are not reasonable. This provision has created concern regarding the validity of employer disciplinary policies, mandatory post-incident drug testing, and employee safety incentive plans. Additionally, OSHA’s position that blanket post-incident drug testing policies deter employees from reporting workplace injuries has caused concern among employers regarding the validity of such policies.

OSHA Agrees to Further Extension for Anti-retaliation Provisions

In response to a request from a federal judge, OSHA has agreed to extend the effective date of the anti-retaliation provisions in it’s new final rule, Improve Tracking of Workplace Injuries and Illnesses until December 1, 2016.

OSHA Issues Final Rule on Affordable Care Act Retaliation Complaints

The Occupational Safety and Health Administration (OSHA) has issued a final rule that establishes procedures and time frames for handling whistleblower retaliation complaints under the Affordable Care Act (ACA).

New OSHA Anti-retaliation Regulations

New OSHA anti-retaliation regulations impact post-accident drug testing policies and workplace safety incentive programs.

Whistle While You Work: OSHA Draft Policy Seeks to Prevent Retaliation for Employees Reporting Safety Concerns

On November 6, 2015, OSHA issued a draft policy entitled “Protecting Whistleblowers: Recommended Practices for Employers for Preventing and Addressing Retaliation,” for which it informally seeks public comment through January 19, 2016. The draft policy seeks to facilitate an environment in which employees can freely raise OSHA concerns without the fear of employer retaliation. This whistleblower protection policy specifically focuses on improving safety incentive programs that employers could use in a retaliatory manner against workers who raise such concerns.
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