RISK INSIGHT: OSHA Further Delays Anti-Retaliation Provisions

On Wednesday, October 12, 2016, the Occupational Safety and Health Administration (OSHA) announced that they have agreed to further delay enforcement of the anti-retaliation provisions in its revised recordkeeping rules until December 1, 2016.  The delay had been requested by the U.S. District Court of the Northern District of Texas due to a motion challenging the new provisions.

The anti-retaliation provisions are part of a larger rule designed to improve tracking of workplace injuries and illnesses.  The rule requires that certain employers submit work-related injury and illness data electronically to OSHA.  Click here to learn more about the original rule.

How this impacts you as an employer

The anti-retaliation provisions, as currently written, will impact how employers manage drug testing and incentive programs.  Now is the appropriate time to review and/or potentially revise your safety policies and procedures.  If you have not done so already, we recommend partnering with legal counsel, industry associations and your M3 experts for assistance in reducing any potential impact these regulatory changes have on your organization.

M3 will continue to keep you updated on the implementation of these new OSHA recordkeeping regulations as the situation unfolds.

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