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OSHA Delays Anti-Retaliation Provisions of New Reporting Rule

Posted on 7/14/2016 by Roger Marks

OSHA has delayed enforcement of anti-retaliatory provisions in its new injury and illness reporting rule for employers. Under the new rule, announced in May, employers must report annually the injury and illness data collected on forms like the OSHA 300, 300A, and 301. OSHA will then make some of this information available to the public.  

Initially set to become enforceable on August 10, 2016, the anti-retaliatory portions of the new OSHA rule will now be delayed until November 1, 2016. OSHA announced the change in a Trade Release dated July 13, 2016.
 

Legal Challenge to New OSHA Reporting Rule


The new injury and illness reporting rule has come under fire from industry groups, who filed suit to halt the new requirements earlier this month. These groups assert that OSHA has overstepped its authority under Section 11(c) of the OSH Act. In Section 11(c), Congress prohibits retaliation or discrimination against employees for reporting work-related injury or illness or lodge complaints related to the OSH Act.

Needle stick injury at workBecause it’s spelled out in the law, industry groups see OSHA’s attempt to create new anti-retaliation regulations as an overreach. If Congress intended OSHA to create anti-retaliation rules, the OSH Act would explicitly authorize OSHA to do so. In other words, according to the complaint filed this month, Congress “withheld” that authority from OSHA. 



OSHA Civil Penalties Up 78%
 

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Tags: new, osha, reporting and recordkeeping, rules

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