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OSHA Issues New Illness and Injury Recordkeeping Rule That Casts Doubt upon Commonplace Employer Drug Testing and Safety Incentive Policies

Announcing a series of requirements that will begin to take effect August 10, 2016, OSHA released, on May 11th, its final rule to "modernize injury data collection to better inform workers, employers, the public and OSHA about workplace hazards." Tellingly, OSHA acknowledges in its accompanying press release that the rule is intended to "nudge" employers to enhance methods to prevent workplace injuries and illnesses. Apparently, OSHA is proceeding under the assumption that all employers, regardless of past safety history, require an external push to enhance workplace safety efforts. Included within the rule are a number of alarming pronouncements—discussed more fully below—regarding routine employer safety practices such as drug testing and incentive policies that may necessitate changing long-established routines.

Jackson Lewis P.C. | Maryland | Maryland Employers, Are You Ready? New Sexual Harassment Law Takes Effect October 1 (September 12, 2018)

Ogletree Deakins | Michigan | Paid Leave: Coming to a Michigan Workplace Near You (September 09, 2018)

Littler Mendelson, P.C. | Michigan | From Ballots to Bills: Michigan Adopts Paid Sick and Safe Time Law and Raises the Minimum Wage (September 11, 2018)

Littler Mendelson, P.C. | California | California Countdown 2018: Which Labor and Employment Bills Will the Governor Sign? (September 05, 2018)

Littler Mendelson, P.C. | New York | Significant Compliance Challenges in New York State's Proposed Anti-Sex Harassment Rules: What Can Employers Do Now? (September 07, 2018)

Fisher Phillips | New York | State Appeals Court Expands Scope Of NYC’s Marital Status Discrimination Law (September 12, 2018)

Jackson Lewis P.C. | New York | Reminder: New York City Employers Must Distribute Fact Sheet, Post Notice on Sexual Harassment Law by Sept. 6 (September 06, 2018)

Littler Mendelson, P.C. | Connecticut | Connecticut Continues to Extend Protections to Employees under State Medical Marijuana Law, Rejects Federal Preemption Defense (September 11, 2018)

Goldberg Segalla LLP | New York | New Legislation on Sexual Harassment Will Signifigcantly Affect the Handling of These Cases for Municipalities (September 06, 2018)

Jackson Lewis P.C. | Connecticut | Connecticut Court Holds That Refusing To Hire Medical Marijuana User Constitutes Employment Discrimination (September 06, 2018)