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OSHA Delays New Rule’s Anti-Retaliation Requirements

Jul 20, 2016

The Occupational Safety and Health Administration recently announced that it is delaying implementation of the anti-retaliation provisions of its new injury and illness tracking rule. This rule requires employers to submit certain injury and illness data to OSHA and requires employers to inform workers of their rights to report work-related illness and injuries without the fear of retaliation.

OSHA decided to delay the compliance date for the anti-retaliation parts of the law from August 10, 2016, until November 1, 2016, so that the agency can provide additional outreach and provide educational materials and guidance for employers.

In the interim months, IDFA advises employers to review their employee policies to ensure that they outline reasonable procedures that do not deter workers from reporting work-related injury and illnesses and state that employers cannot retaliate against employees for reporting. Specifically, employers should ensure that their policies do not include incentive or drug-testing policies that could inadvertently encourage underreporting of workplace injuries and illnesses.

Electronic Submission of Injury and Illness Data

Current OSHA regulations require employers with more than 10 employees in most industries to maintain records of work injuries and illnesses at their facilities. The final rule amended the regulations to require employers to annually submit these records electronically to OSHA.

Establishments with 250 or more employees must electronically submit certain injury and illness recordkeeping forms (Forms 300, 300A, and 301) to OSHA on an annual basis. Establishments in certain industries with 20 or more employees, but fewer than 250, must electronically submit information from the Form 300A annual summary on an annual basis. Other employers also must electronically submit information to OSHA upon request.

OSHA plans to post the company-specific injury and illness data it collects on its public website.

Members with inquiries may contact Emily Lyons, IDFA director of regulatory affairs and counsel, at

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