OSHA Delays Anti-Retaliation Provisions

Just a quick update on recent changes to OSHA regulations. Late last week. OSHA announced it will delay the implementation of certain provisions of the newly prolumgaed rules regarding the reporting and record keeping regulations nearly all industries must comply with.

From the date of publication, a lot of controversy has surrounded the anti-retaliation provisions of the new rule. It seems pretty straight forward that you cannot retaliate against an employee for reporting an injury or work related illness but what OSHA considers retaliation may not be all that straight forward.

As we have reported in the past certain drug testing and incentive programs can be considered retaliation. Many workers comp programs use drug testing to keep a handle on costs so this is quite confusing. Due partially to these issues, OSHA has decided to delay implementation of the anti-retaliation provisions until November 1, 2016. I am sure this is not going to be the end of this. OSHA will have to put out better guidance and there very well could be court cases on this as well. Stay Informed