On May 12, 2016, the Occupational Safety and Health Administration (OSHA) issued a final rule, including anti-retaliation provisions, requiring certain employers to electronically submit data from their work-related injury records to OSHA. On Oct. 19, 2016, OSHA published an interpretation of how the anti-retaliation provisions affect employee discipline, drug and alcohol testing, and safety incentive programs.
The Anti-Retaliation Provisions
According to OSHA, the final rule clarifies existing law regarding employee anti-retaliation protections. Specifically, OSHA’s anti-retaliation provisions:
- Require employers to inform employees that they have a right to report work-related injuries and illnesses free from retaliation;
- Direct employers to adopt reasonable procedures (“not unduly burdensome” and does not “deter or discourage”) that employees can use to report work-related injuries and illnesses; and
- Prohibit employers from retaliating against employees solely because they report work-related injuries or illnesses.