Search

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%
 

Employers who violate OSHA 29 CFR safety regulations recently saw fines rise for the first time since 1990. More expensive fines make failure to train workers on safety a bigger liability than ever. OSHA safety training at Lion.com will prepare your team to identify, avoid, and mitigate the hazards at your workplace. From the popular 10-Hour General Industry Online Course to the new 8-Hour HAZWOPER Refresher—if you need OSHA training, Lion.com is the place to start.

Tags: new, osha, reporting and recordkeeping, rules

Find a Post

Compliance Archives

Lion - Quotes

I really enjoyed this training. Even after years on both sides of the comprehension coin, I find myself still learning! The quality of the delivery exceeded much of the training I have received in the past.

Neil Ozonur

Safety Officer

Very good. I have always appreciated the way Lion Tech develops, presents and provides training and materials.

John Troy

Environmental Specialist

Excellent job. Made what is very dry material interesting. Thoroughly explained all topics in easy-to-understand terms.

David Hertvik

Vice President

I used the IT support number available and my issue was resolved within a few minutes. I don't see anything that could have made it better.

Danny Province

EHS Professional

The instructor clearly enjoys his job and transmits that enthusiasm. He made a dry subject very interesting and fun.

Teresa Arellanes

EHS Manager

The instructor was great, explaining complex topics in terms that were easily understandable and answering questions clearly and thoroughly.

Brittany Holm

Lab Supervisor

This is a very informative training compared to others. It covers everything I expect to learn and even a lot of new things.

Quatama Jackson

Waste Management Professional

Lion provided an excellent introduction to environmental regulations, making the transition to a new career as an EHS specialist less daunting of a task. Drinking from a fire hose when the flow of water is lessened, is much more enjoyable!

Stephanie Weathers

SHE Specialist

This was the 1st instructor that has made the topic actually enjoyable and easy to follow and understand. Far better than the "other" training providers our company has attended!

Lori Hardy

Process & Resource Administrator

Our instructor was very dynamic and kept everyone's interest. Hazmat shipping can be a dry, complicated topic but I was engaged the entire time.

Kimberly Arnao

Senior Director of EH&S

Download Our Latest Whitepaper

What to do before, during, and after a RCRA hazardous waste inspection to defend your site from rising State and Federal penalties.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.