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 was recently offered an opportunity to take my training through another company, but I politely declined. I only attend Lion Technology workshops.

Stephanie Gilliam

Material Production/Logistics Manager

I like the consistency of Lion workshops. The materials are well put together and instructors are top notch!

Kevin Pylka

Permitting, Compliance & Environmental Manager

The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing.

Linda Arlen

Safety & Environmental Compliance Officer

The instructor's energy, enthusiasm, and knowledge of the subject make the class a great learning experience!

Brian Martinez

Warehouse Operator

My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material.

Robert Roose

Manager, Dangerous Goods Transportation

If I need thorough training or updating, I always use Lion. Lion is always the best in both instruction and materials.

Bryce Parker

EHS Manager

Given the choice, I would do all coursework this way. In-person courses go very fast without the opportunity to pause or repeat anything.

Ellen Pelton

Chemical Laboratory Manager

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

Excellent course. Very interactive. Explanations are great whether you get the questions wrong or right.

Gregory Thompson

Environmental, Health & Safety Regional Manager

The training was impressive. I am not a fan of online training but this was put together very well. I would recommend Lion to others.

Donnie James

Quality Manager

Download Our Latest Whitepaper

Ace hazmat inspections. Protect personnel. Defend against civil and criminal penalties. How? See the self-audit "best practices" for hazardous materials shippers.

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.