News & Analysis as of

Anti-Retaliation Provisions Employer Liability Issues Incentives

Parker Poe Adams & Bernstein LLP

OSHA Withdraws Guidance on Accident Avoidance Incentives and Post-Accident Drug Testing

During the Obama presidency, the federal Occupational Safety and Health Administration issued interpretation memoranda that called into question the legality of common employer programs intended to reduce accident rates. This...more

Fisher Phillips

October 2018: The Top 14 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

McAfee & Taft

Gavel to Gavel: Drug testing and safety rules clarified

McAfee & Taft on

For years, employers assumed they were entitled to drug-test employees after they were injured or were involved in a workplace accident … then things became more uncertain. Originally published in The Journal Record |...more

Tonkon Torp LLP

OSHA's Memorandum Clarifies Anti-Retaliation Rule

Tonkon Torp LLP on

In May 2016, the Occupational Safety and Health Administration (OSHA) published a final rule adding an anti-retaliation provision that prohibits employers from retaliating against employees for reporting work-related injuries...more

Beveridge & Diamond PC

OSHA Issues Important Guidance for Employer Safety Incentive/Drug-Testing Programs and Forecasts Key Enforcement Targeting...

Beveridge & Diamond PC on

The Occupational Safety and Health Administration (“OSHA”) made important announcements this month regarding the electronic submission of injury and illness data. The first of these announcements took a big step back from...more

Husch Blackwell LLP

OSHA Rolls Back Guidance On Drug Testing And Incentive Programs

Husch Blackwell LLP on

OSHA announced this month that it is clarifying, and effectively rolling back, portions of the injury and illness rule guidance it issued in 2016. The decision walks back guidance that potentially penalized employers for...more

Constangy, Brooks, Smith & Prophete, LLP

OSHA Softens Approach To Safety Incentive Programs And Post-Incident Drug Testing

In May 2016, the Occupational Safety and Health Administration amended 29 CFR §1904.35 to prohibit employers from retaliating against employees for reporting work-related injuries or illnesses. This revision to the...more

Blank Rome LLP

Workplace Safety Incentive Programs and Post-Incident Drug Testing—Still Okay under OSHA but Don’t Discourage Accident Reporting

Blank Rome LLP on

Many employers have implemented workplace safety incentive programs in an effort to reduce time lost to injuries or illness. The programs generally reward workers for reporting near-misses or hazards and/or reward employees...more

Jackson Lewis P.C.

New OSHA Guidance: Certain Safety Incentive Programs, Post-Accident Drug Tests Permissible

Jackson Lewis P.C. on

Most safety incentive programs and post-incident drug testing policies will not be considered retaliatory and unlawful under a new Standard Interpretation from the Occupational Safety and Health Administration (OSHA). ...more

Davis Wright Tremaine LLP

Clarification of OSHA's Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing

On October 11, 2018, OSHA issued interpretive guidance designed to "clarify" controversial language in the Preamble to the anti-retaliation provisions in the recordkeeping and reporting amendments adopted by the Obama OSHA...more

Jackson Lewis P.C.

OSHA Clarifies Agency’s Position On Drug Testing And Safety Incentive Policies

Jackson Lewis P.C. on

In a memorandum to Regional Administrators dated October 11, 2018, OSHA clarified the agency’s position as to whether certain drug testing policies or safety incentive programs would be considered violations of part 29 C.F.R....more

Perkins Coie

OSHA’s New Anti-Retaliation Workplace Illness and Injury Reporting Rule: How Employers Can Prepare

Perkins Coie on

On November 28, 2016, the U.S. District Court for the Northern District of Texas denied a preliminary injunction that sought to block the nationwide implementation of the new Occupational Safety and Health Administration’s...more

McNees Wallace & Nurick LLC

OSHA’s Regulation of Post-Accident Drug and Alcohol Testing to Become Effective, For Now

On November 28, 2016, a federal district court issued an order that allowed OSHA to move forward with implementation of its controversial standards related to mandatory post-accident drug testing programs and incident-based...more

FordHarrison

OSHA Anti-Retaliation Rule Will Take Effect December 1

FordHarrison on

A federal judge on November 28 refused to block implementation of the anti-retaliation provisions of OSHA’s recordkeeping and reporting rule scheduled to take effect December 1, 2016. The business groups challenging the rule...more

BCLP

OSHA Issues Awaited Guidance Concerning Injury Reporting and Anti-Relation Obligations, Yet Leaves Unanswered Questions for...

BCLP on

For many years the Occupational Safety and Health Administration (OSHA) has expressed significant concerns regarding its belief that regulated employers have been underreporting employee injuries or illnesses to OSHA and even...more

Constangy, Brooks, Smith & Prophete, LLP

OSHA Issues Guidance on How it Will Enforce New Anti-Retaliation Regulation

Soon after delaying the effective date of §1904.35 for a second time, this time until December 1, the Occupational Safety and Health Administration posted formal guidance on its website explaining how the Agency interprets...more

Parker Poe Adams & Bernstein LLP

OSHA Delays Enforcement of Portions of New Recordkeeping Rules

In response to employer complaints and a new federal lawsuit, on July 13, the federal Occupational Safety and Health Administration announced a delay in enforcement of the non-retaliation portions of its new injury and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Delays Enforcement of Anti-Retaliation Provisions

The Occupational Safety and Health Administration (OSHA) announced on July 13, 2016, that the anti-retaliation provisions included in the revised recordkeeping regulation, 29 CFR Part 1904, will not be enforced until November...more

Proskauer Rose LLP

New OSHA Rule Requires Employers To Reevaluate Certain Workplace Policies

Proskauer Rose LLP on

On May 12, 2016, the Occupational Safety & Health Administration (OSHA) published a final rule regarding reporting injuries and illnesses in the workplace and protecting employees who make those reports. The new rule expands...more

Bracewell LLP

Does Your Company Have "Reasonable" Procedures for Employee Reporting of Work-Related Injuries and Illnesses Consistent with...

Bracewell LLP on

OSHA’s May 12, 2016 final rule revising its recording and reporting regulations received a great deal of publicity, in large part, because of the new requirements beginning in 2017 for some employers to electronically submit...more

BCLP

What Employers Need to Know about OSHA’s New Reporting and Anti-Retaliation Regulations

BCLP on

The Occupational Safety and Health Administration (OSHA) recently implemented new regulations that will impact covered employers beginning on August 10, 2016. Specifically, these new regulations will require electronic...more

Miller Canfield

New OSHA Rule Could Affect Employers’ Drug Testing and Safety Incentives

Miller Canfield on

The Occupational Safety and Health Administration (OSHA) intends to enhance its enforcement efforts against employers who OSHA believes are using drug testing and safety incentives to improperly reduce recordable work-related...more

FordHarrison

Employers Should Evaluate Safety Incentive Programs and Drug Testing Policies in Light of New OSHA Rule

FordHarrison on

The Occupational Safety and Health Administration (OSHA) recently published a final rule revising its recordkeeping and reporting regulation to specifically state that employer policies for reporting workplace injuries and...more

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