News & Analysis as of

Recordkeeping Requirements Reporting Requirements Drug Testing

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

by Davis Wright Tremaine LLP on

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

by Fisher Phillips on

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?

by Poyner Spruill LLP on

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

Seyfarth Shaw LLP

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

by Seyfarth Shaw LLP on

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

by 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

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 Gage

New Electronic Reporting Rule for Workplace Injuries in Effect

by Lathrop Gage on

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

by 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

Bryan Cave Leighton Paisner

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

by Bryan Cave Leighton Paisner on

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

by 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

Fisher Phillips

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

by Fisher Phillips on

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

by McNees Wallace & Nurick LLC on

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

by 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

Littler

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

by 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

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

Fisher Phillips

OSHA’s Post-Accident Drug Testing Rule Delayed Until Dec. 1 - What Employers Need To Know To Comply

by Fisher Phillips on

Employers continue to question whether they must change their post-accident drug testing procedures because of the anti-retaliation provisions in OSHA’s new Electronic Recordkeeping Rule announced in May, and if so, whether...more

Fisher Phillips

Should We Eliminate Automatic Post-Accident Drug Testing Because of OSHA’s New Rule?

by Fisher Phillips on

We continue to receive calls from employers who have heard that they must change their post-accident drug testing procedures because of anti-retaliation provisions in OSHA’s new Electronic Recordkeeping Rule. OSHA set an...more

Seyfarth Shaw LLP

Despite Lawsuit, OSHA Publishes Interpretation for New Workplace Injury and Illness Reporting Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Despite an ongoing lawsuit over its rules, OSHA issues interpretation for its May 2016 retaliation and recordkeeping rule. We previously blogged that OSHA had again delayed, to December 1, 2016,...more

Seyfarth Shaw LLP

OSHA Again Delays Enforcement Date for New Workplace Injury and Illness Reporting Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After a lawsuit was filed against OSHA challenging its May 2016 retaliation and recordkeeping rule, OSHA again delays the rule’s effective date. OSHA announced today that it has again delayed the...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

Bradley Arant Boult Cummings LLP

Mark Your Calendar! Deadline on New OSHA Recordkeeping Rule is Around the Corner

Employers should note the August 10, 2016, deadline for compliance with the anti-retaliation provisions of the Occupational Safety and Health Administration’s (OSHA) new electronic recordkeeping and reporting rules. Other...more

Baker Donelson

OSHA Postpones Its New Workplace Injury and Illness Reporting Rule in the Face of Scrutiny and a New Lawsuit

by Baker Donelson on

Over the past few months, we have published articles related to the U.S. Department of Labor's Occupational Safety and Health Administration's (OSHA) publication of amendments related to its workplace injury and illness...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

Seyfarth Shaw LLP

OSHA Delays Enforcement Date for New Workplace Injury and Illness Reporting Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After a lawsuit was filed against OSHA challenging its May 2016 retaliation and recordkeeping rule, OSHA announced a three month delay in the rule’s effective date. OSHA announced yesterday that it has...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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