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 ruleβs 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, OSHAβs 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.
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