The New OSHA Anti-Retaliation Provisions
On Dec. 1, 2016, the Occupational Safety and Health Administration (OSHA) began enforcement of the anti-retaliation provisions of its controversial final rule on Recording and Reporting Occupational Injuries and Illnesses.1 OSHA has offered extensive guidance on its interpretation and enforcement of the new anti-retaliation provisions.2 This guidance, along with the rule itself, addresses important issues relating to injury and illness reporting procedures, drug testing policies, safety incentive programs, and disciplinary programs.
The anti-retaliation provisions originally took effect on Aug. 10, but enforcement of these provisions was delayed twice by OSHA as a result of substantial industry pushback on the rule and a legal challenge from business groups.3 On Nov. 28, a federal district judge denied an injunction to block the rule on Nov. 28, allowing OSHA’s enforcement of the challenged provisions to begin on Dec. 1.4