OSHA Reminder: Anti-Retaliation Provisions Must Be in Place By November

Sep 30, 2016

In an effort to “nudge” employers to prevent workplace injury and illness, OSHA issued a “Final Rule” earlier this year, which primarily applies to businesses with 250 or more employees. Specifically, these are businesses subject to the recordkeeping regulation. The Final Rule went into effect August 10.
However, one provision of the rule, the Anti-Retaliation measure, will not be enforced until November 1. This gives OSHA additional time to conduct outreach and education to employers affected by the new regulation. This measure prohibits employers from discouraging workers from reporting an injury or illness. Further, employers must now inform workers that they have the right to report without fear of retaliation and ensure the procedure meets all requirements.

Overall, the Final Rule is intended to modernize injury data collection and improve communication about workplace hazards to all constituents. Currently, there is very little information about worker injuries and illnesses made public or available to OSHA; now, the data employers collect may be posted on the OSHA website and used for research and analysis. Under the new rule, companies must electronically submit injury and illness information from OSHA Forms 300, 300A and 301 to OSHA. Companies with fewer employees in certain industries must submit the information from OSHA Form 300A only.
Please contact your Injury Prevention and Worksite Wellness consultant with any questions.