Enforcement and Inspection, Regulatory Developments

Employer Alert: OSHA Free to Enforce Antiretaliation Rule

An unsuccessful attempt to prohibit OSHA from enforcing anti-retaliation provisions contained in the agency’s recordkeeping regulations means the rules are now on the books and enforceable. Get more on this significant legal decision here.

A federal court judge determined that the rules, whose enforcement had been delayed until December 1 so OSHA could clarify expectations, could take effect. The challenged provisions require that employers inform their employees about their right to report job injuries and illnesses without retaliation. The rule also includes some controversial stipulations regarding mandatory post-accident drug testing and safety incentive programs.

According to attorney Howard Mavity, a partner with the employment law firm Fisher Phillips and co-chair of its Workplace Safety & Catastrophe Management Practice Group, the recent decision does not determine if the rule will be upheld long term, or whether the Trump administration will follow the interpretations.
Read more.