It appears that the latest Occupational Safety and Health Administration (OSHA) rules prohibiting retaliation against employees who report workplace accidental injuries, are deferred until Nov. 1 from an original Aug. 10 release, based on News.
The anti-retaliation provisions are the next of a two-part OSHA move. The very first portion of the rule covers required annual electronic submission of injury and illness data to OSHA (phased in beginning July 1, 2017). Part two involves the anti-retaliation provision and might be the more controversial, because it has previously been questioned in a Texas court case brought by 8 workplace groups.
The Texas workplace groups seek out injunctive alleviation “from the new rule generally, or it would apply to employer safety incentive programs” as well as routine required post-incident drug testing.
OSHA Anti-retaliation Rules Insight:
It was reported that in regards to the latest regulation initially given for Aug. 10, companies are expected to tell workers of their entitled duty to report workplace injuries as well as any illnesses; It is also mandatory that they let them know employers are unauthorized to retaliate; set up and/or widely communicate a fair procedure for employee reporting. They must also offer workers as well as their representatives access to non-redacted illness as well as injury reports.
During research, professionals dispute that workers are not properly trained to handle retaliation claims so this feature of the two-part rule modification is triggering significant concerns among labor law specialists who stand for employers.
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