News & Analysis as of

Recordkeeping Requirements Workplace Injury Anti-Retaliation Provisions

Miles & Stockbridge P.C.

Keeping Up With OSHA’s Evolving Recordkeeping and Electronic Reporting Requirements

In an era of fluctuating obligations, ramped-up enforcement and increased penalties, employers are wise to ensure they are fully compliant with current Occupational Safety and Health Administration (OSHA) recordkeeping and...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

Jackson Lewis P.C.

OSHA’s Revised “Improve Tracking Of Workplace Injuries And Illnesses Regulation” At OMB For Review

Jackson Lewis P.C. on

OSHA is a step closer to publishing a proposed rule revising the Obama-era regulation, Improve Tracking of Workplace Injuries and Illnesses. OSHA’s proposal has been submitted to the Office of Management and Budget (OMB)...more

Conn Maciel Carey LLP

OSHA’s E-Recordkeeping Deadline Extended Again – Stroke of Midnight December 31, 2017

Conn Maciel Carey LLP on

The December 15, 2017 deadline for large employers and small employers in certain “high hazard industries” to submit injury and illness data to OSHA has just passed, but it is not too late to submit injury data without being...more

Conn Maciel Carey LLP

Status of OSHA’s Electronic Recordkeeping Rule – The First Deadline to Submit Injury Data is Upon Us

Conn Maciel Carey LLP on

The December 1, 2017 deadline for large employers and small employers in certain “high hazard industries” to submit injury and illness data to OSHA is less than two weeks away. We have been tracking closely the Trump...more

Cozen O'Connor

The Importance Of Reporting Workplace Injuries

Cozen O'Connor on

There are some OSHA lessons to be learned and things to think about from the recent Third Department case in Silvestri v. New York City Transit Authority, 2017 N.Y Slip Op 06123 (August 10, 2017). In Silvestri, the Third...more

Poyner Spruill LLP

New OSHA Regulations - Does Your Drug Testing Policy Comply?

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

Fisher Phillips

OSHA Announces Delay To Electronic Recordkeeping Rule - Scheduled Implementation Date Of July 1 Is Now Off The Table

Fisher Phillips on

Employers will be relieved, at least temporarily, of the requirement to file injury information through an electronic recordkeeping system that was scheduled to take effect this July 1. The Occupational Safety and Health...more

Conn Maciel Carey LLP

[Webinar] Get the Record Straight: Latest on OSHA’s E-Recordkeeping and Anti-Retaliation Rule - May 16th, 1:00pm EDT

Conn Maciel Carey LLP on

OSHA’s controversial new Electronic Injury and Illness Recordkeeping and Anti-Retaliation Rule has thus far survived a barrage of negative stakeholder comments during the rulemaking, multiple enforcement deferrals, and a...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

Beveridge & Diamond PC

OSHA “Clarifies” Employers’ Injury and Illness Recordkeeping Obligations

Beveridge & Diamond PC on

In the closing days of the Obama Administration, the Occupational Safety and Health Administration (OSHA) has issued a final rule that “clarifies” employers’ “continuing obligation” to make and maintain an accurate record of...more

Lathrop GPM

New Electronic Reporting Rule for Workplace Injuries in Effect

Lathrop GPM 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

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...

BCLP 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

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...

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

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

Conn Maciel Carey LLP

Court Denies Motion to Stay OSHA’s Enforcement of Anti-Retaliation Elements of E-Recordkeeping Rule

Conn Maciel Carey LLP on

On November 28, 2016, the federal district court Judge in the Northern District of Texas hearing Industry’s legal challenge to the anti-retaliation portions of OSHA’s new electronic recordkeeping rule (i.e., limits on injury...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

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

Conn Maciel Carey LLP on

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

Partridge Snow & Hahn LLP

Looming Effective Dates for New OSHA Recordkeeping Rule: Is Your Company Ready for Public Shaming for Workplace Injuries and...

Earlier this year the Occupational Health and Safety Administration (OSHA) published a new rule that attempts to shame employers into lowering workplace injuries and gives OSHA much broader discretion to regulate retaliation...more

Fisher Phillips

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

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

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