News & Analysis as of

Recordkeeping Requirements Drug Testing

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

K&L Gates LLP

The Essentials—California Employment Law Update For 2024

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In the November edition of The Essentials, we outline key provisions of many of the new employment laws that will take effect in 2024. GENERALLY APPLICABLE NEW LAWS - AB 1076 and SB 699: Sweeping Prohibition Against...more

Cozen O'Connor

Google Sued Over Antitrust Allegations | Preview Of 2020 AG Races | Delay Of Generic Humira Challenged

Cozen O'Connor on

2020 AG Elections- A Primer on 2020 State Attorneys General Elections- •Jerry Kilgore, a Member of Cozen O’Connor’s State Attorneys General Practice and former Virginia AG and Secretary of Public Safety, penned an alert...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

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

Is OSHA Backtracking on the Anti-Retaliation Provisions in the Recordkeeping Regulation?

The Occupational Safety and Health Administration (OSHA) added an anti-retaliation provision to the recordkeeping regulation finalized in May 2016, and it seems as if the workplace safety and health community has not stopped...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

Fisher Phillips

OSHA OKs Drug Testing and Incentive Programs ... Sort of

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OSHA Rolls Back Enforcement of Anti-Retaliation Provisions! Yesterday, the U.S. Occupational Health and Safety Administration (“OSHA”) issued a standard interpretation clarifying its position on the new recordkeeping rule’s...more

Poyner Spruill LLP

New OSHA Regulations - Does Your Drug Testing Policy Comply?

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At the end of last year, OSHA began enforcing new regulatory rules expanding the requirements for employers’ reporting and submitting workplace injury and illness records. These new reporting requirements also contain new...more

Cozen O'Connor

One DOL Drug Testing Rule Officially Gone – Is OSHA Next?

Cozen O'Connor on

On May 10, the Department of Labor officially nullified a rule passed during the Obama administration that limited states’ ability to require mandatory drug testing for individuals applying for unemployment benefits. As...more

Seyfarth Shaw LLP

Judge Continues Case Challenging OSHA Electronic Record-Keeping Rule – Employers Must Comply With July 1 Electronic Reporting...

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Seyfarth Synopsis: A Texas federal court won’t decide the legality of OSHA’s rule regarding the “Tracking of Workplace Injuries and Illnesses” until after the July 1, 2017 deadline for employers to comply with the rule....more

Seyfarth Shaw LLP

Congress Moves to Invalidate OSHA Rule Which Provides Employers Can Be Cited for Five-Years For Injury and Illness Records

Seyfarth Shaw LLP on

Seyfarth Synopsis: Congress passes a Resolution to dismantle an OSHA final rule, adopted in December 2016, which despite statutory language to the opposite, “more clearly states employers’ obligations” to record an injury or...more

Jackson Lewis P.C.

Signs that OSHA Priorities are Shifting Under the Trump Administration?

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There are new developments related to OSHA’s Electronic Recordkeeping Rule and the Volks Rule. As a reminder, the Electronic Recordkeeping Rule requires certain employers to electronically file their OSHA recordkeeping data...more

Laner Muchin, Ltd.

Despite Challenge From Industry Groups, New OSHA Standards Went Into Effect On December 1, 2016

Laner Muchin, Ltd. on

In addition to waging a successful challenge of the Department of Labor’s (DOL) overtime regulations, industry groups had also fought the implementation of Occupational Safety and Health Administration's (OSHA) relatively new...more

Spilman Thomas & Battle, PLLC

OSHA’s Anti-Retaliation Rule – Three Things Employers Should Do Now

A Texas federal court has refused to enjoin OSHA’s new rule regarding workplace safety and injury reporting, which went into effect on December 1, 2016. Similar to employers’ recent successful challenge of the DOL’s overtime...more

Lathrop GPM

New Electronic Reporting Rule for Workplace Injuries in Effect

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OSHA’s new rule requiring employers to electronically submit data on workplace injuries and illnesses went into effect yesterday, December 1, 2016. Actual electronic submissions to OSHA, however, do not begin until July 2017....more

Laner Muchin, Ltd.

Employers Should Review Their Drug Testing Policies To Avoid Possible OSHA Penalties

Laner Muchin, Ltd. on

Effective November 1, 2016, employers now face several new requirements from OSHA relating to injury and illness reporting. Among other requirements that went into effect, employers should now post OSHA’s “It’s the Law”...more

BCLP

OSHA's Enforcement of New Anti-Retaliation Provisions Commences on December 1, 2016, as Industry's Request for Preliminary...

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The Occupational Safety and Health Administration’s (OSHA) vague, broad and controversial new anti-retaliation regulations prohibiting employers from retaliating or taking adverse action against employees who report injuries...more

Perkins Coie

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

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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

Fisher Phillips

Court Allows OSHA’s Reporting Rule To Proceed As Scheduled Although Rule Can Still Be Challenged, December 1 Effective Date Is On...

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On November 28, a Texas federal court judge issued a ruling that cleared the way for the whistleblower provisions of the new Occupational Safety and Health Administration (OSHA) Recordkeeping Rule to take effect as scheduled....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

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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

Fisher Phillips

Judge Rules That OSHA Can, FOR NOW, Start Enforcing Limits On Incentives And Drug Testing

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On November 28th Texas US District Court Judge Sam Lindsay issued a 17 page Order denying employers groups a temporary injunction on OSHA’s revisions to its recordkeeping standard involving restrictions on safety incentives...more

Littler

Court Declines to Enjoin OSHA Drug Testing and Safety Incentives Under the Electronic Recordkeeping Reporting Rule

Littler on

On a very limited legal basis, a federal district court has declined to enjoin the U.S. Occupational Safety and Health Administration from enforcing portions of its new recordkeeping rule related to potentially retaliatory...more

Conn Maciel Carey LLP

OSHA Issues Guidance on Recordkeeping Anti-Retaliation Rule Even with Fate of the Rule in Question

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OSHA’s new electronic injury recordkeeping rule includes anti-retaliation provisions that create new employer obligations and prohibitions related to internal employee injury reporting procedures, and expands OSHA’s...more

Sheppard Mullin Richter & Hampton LLP

New OSHA Requirements for Employee Involvement and Employer Recordkeeping Take Effect Over the Next Two Months

Earlier this year, the Occupational Safety and Health Administration (OSHA) issued its final rule to Improve Tracking of Workplace Injuries and Illnesses. The new rule has two components – one relating to employee...more

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