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OSHA Delays Anti-Retaliation Provisions to Dec. 1


OSHA has again delayed its new rule on work-based injury and illness reporting.

When OSHA unveiled it’s new requirements for workplace injury reporting this past May, it included a provision concerning employee’s anti-retaliation protections that has been delayed multiple times since being announced. The implementation of this provision has been delayed again and is now scheduled to take effect Dec. 1. What does this provision require of employers, and why has it been delayed?

What Do You Need to Know?

With this new rule, OSHA has changed the requirements for reporting and recording records of work-based injuries and illnesses. When this rule finally does take effect, employers will be required to submit work-based injuries and illnesses to OSHA electronically. OSHA will then post this information to a public website. As part of this new rule, employers have to notify employees of their right to report injuries and illnesses without fear or retaliation. The procedures pertaining to reporting must be reasonable and not deter employees from reporting.

Why Has It Been Delayed?

The problem stems from the use of the word “reasonable” in the new rules, and specifically the use of automatic post-accident drug testing. Since post-accident drug testing can be used as retaliation against an employee that reports a work-based injury or illness, but is also a tool for employers to protect themselves, industry leaders are petitioning OSHA to clarify the language of the rule. There is also questioning as to how soon employers need to change their procedures to comply with the new rule once it finally takes effect.

Prioritizing Safety with G & M Services

G & M Services is proud of our employees and the dedication they have for safety in the workplace. Our employees are also rewarded for positive safety practices. We incorporate weekly and monthly discussions and meetings to ensure that all involved are aware of how to handle equipment and potential situations that could occur during a project.

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