On May 12, 2016, the Occupational Safety and Health Administration (OSHA) issued a final rule requiring certain employers to electronically submit data from their work-related injury records to OSHA. OSHA also indicated its intention to publish this employer information on a public website. Fearing that the publicity of workplace injury and illnesses would motivate employers to discourage their employees from reporting injuries and illnesses, OSHA included three major anti-retaliation provisions in the final rule.
The anti-retaliation provisions were initially set to become effective on Aug. 10, 2016. After considerable pushback from employers across multiple industries, OSHA delayed enforcement of the anti-retaliation provisions to Nov. 1, 2016. However, on Oct. 12, 2016, OSHA announced it would delay enforcement of the anti-retaliation provisions a second time. The second delay was granted to allow a federal judge sufficient time to review a lawsuit that was filed to challenge the new anti-retaliation provisions.
The new enforcement deadline is now set for Dec. 1, 2016.
Though the new anti-retaliation provisions are being challenged in court, they remain scheduled to come into force by Dec. 1, 2016. For this reason, employers should review their safety incentive programs and drug-testing policies to comply with the new rule.