OSHA Delays Enforcement of Anti-Retaliation Provisions

OSHA postpones enforcement of anti-retaliation provisions in its injury and illness tracking rule

On July 13, 2016 the Occupational Safety and Health Administration (OSHA) announced it will delay enforcement of the anti-retaliation provisions of its new injury and illness tracking rule. Originally, OSHA was to begin enforcement August 10, 2016, but will now begin to enforce the provisions November 1, 2016. During this time, OSHA will provide outreach, educational materials and guidance, and assistance to employers.

The injury and illness tracking rule’s anti-retaliation provisions:

• Require employers to inform employees of their right to report work-related injuries and illnesses without retaliation
• Clarify the previously implicit requirement that employers’ procedures for reporting work-related injuries and illnesses do not deter employees from reporting
• Incorporate the existing statutory prohibition on retaliation for reporting work-related injuries and illnesses.

Currently, the remainder of the injury and illness tracking rule’s phased-in implementation, requiring certain employers to electronically submit injury and illness information, is scheduled to become effective as planned, on January 1, 2017.

Sources :

OSHA, Trade news release, “OSHA delays effective date for enforcing employees’ rights to report workplace injuries, illnesses,” July 14, 2016

OSHA, Final rule, Improve Tracking of Workplace Injuries and Illnesses, 81 FR 29623, May 12, 2016

Establishments in the following industries with 20 to 249 employees must submit injury and illness summary (Form 300A) data to OSHA electronically

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