OSHA is delaying enforcement of the anti-retaliation provisions in its new injury and illness tracking rule to conduct additional outreach and provide educational materials and guidance for employers. Originally scheduled to begin Aug. 10, 2016, enforcement will now begin Nov. 1, 2016.
Under the rule, employers are required to inform workers of their right to report work-related injuries and illnesses without fear of retaliation; implement procedures for reporting injuries and illnesses that are reasonable and do not deter workers from reporting; and employers are prohibited from retaliating against workers for reporting injuries and illnesses.
The delay was sought by a coalition of construction industry organizations, who filed a legal challenge block the August implementation of "anti-retaliation" provisions inOSHA's new electronic recordkeeping rule. They objected to the rules’s elimination of post-accident drug testing unless an employee’s drug use is likely to have contributed to the incident. Greg Sizemore of the Associated Builders and Contractors (ABC) said "it’s inconceivable" that OSHA would seek to limit this kind of testing as part of post-accident investigations, as it is a tool in determining the cause of such incidents and key to preventing future injuries.