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OSHA: Second Delay for Enforcement of Recordkeeping Rule’s Anti-Retaliation Provisions to December 1st

Monday, October 31, 2016

The deadline for enforcement of the anti-retaliation provisions in the new injury and illness tracking rule has been pushed back to December 1st. OSHA originally set the provisions to go into effect on August 10th but they were first delayed to November 10th to allow for additional outreach to the regulated community, according to OSHA.

The U.S. District Court for the Northern District of Texas sought the additional delay on October 14th, to allow the court time to weigh a motion that challenges the new provisions. Eight industry groups have filed a lawsuit to block the rule. The groups claim that the anti-retaliation provisions unlawfully ban or limit safety incentive programs and post-incident drug testing.

The final rule, which requires certain employers to electronically submit worker injury and illness data annually to the agency, drew criticism from numerous employer groups because of OSHA’s intent to make the data available to the public.

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