March 23, 2023

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OSHA Pushes Back Effective Date of Anti-Retaliation Provisions of Final Rule

As we have previously have reported, the Occupational Safety and Health Administration (OSHA) published its final rule revising its Recording and Reporting of Occupational Injuries and Illnesses regulations this past May. One of the most immediate impacts of the final rule is the new retaliation provision that can be enforced by OSHA, even if no complaint has been filed. This provision was scheduled to become effective on August 10, 2016. Now, in a press release issued on July 13, 2016, OSHA has pushed back the effective date of the anti-retaliation provisions of the final rule from August 10, 2016 to November 1, 2016. OSHA’s stated reason for the delay is so that it can conduct “additional outreach and provide educational materials and guidance for employers.”

The anti-retaliation provisions of the final rule purport to prohibit a number of common policies, including policies that: 1) discipline employees for not immediately reporting work-related injuries or illnesses; 2) contain incentive programs that may deter employees from reporting injuries; and 3) call for blanket, automatic post-accident/injury drug testing.

OSHA’s announcement comes one day after the Manufacturer’s Center for Legal Action filed a memorandum and emergency motion to enjoin the implementation of the final rule in the United States District Court for the Northern District of Texas, Dallas Division.

Other recent client alerts on this topic can be found here:

©2023 MICHAEL BEST & FRIEDRICH LLPNational Law Review, Volume VI, Number 197

About this Author

Denise Greathouse, member, Michael best law firm, labor and employment  law

Denise represents management clients in regard to labor and employment matters. Clients in sectors such as construction, transportation, manufacturing, healthcare, food, and education turn to her for informed guidance on matters involving:

  • Occupational Safety and Health Administration (OSHA) and Mine Safety and Health Administration (MSHA) issues, including investigating, defending citations and assisting with abatement

  • Workplace investigations, including defending claims regarding matters including...

Charles Palmer, Michael Best Law Firm, Employment Law Litigation Attorney
Managing Partner

Chuck is a go-to lawyer for complex cases involving employment law, including independent contractor and joint employment matters. Clients rely on his years of experience in dealing with state and federal enforcement agencies to develop human resource, safety and environmental policies and practices that prevent problems and save them significant expense.

Chuck has defended employers in more than 1,000 Occupational Safety and Health Administration (OSHA) citation cases over the past 26 years, including multiple six-figure and/or fatality...

Benjamin Johnson, employment defense litigation, michael best, trade secret legal counsel,

Ben brings a winning combination of big picture strategies and a collegial approach to his work defending employers against employment discrimination claims. A diverse range of clients value his defense against Americans with Disabilities Act (ADA) claims, as well as his counsel on ADA issues such as reasonable accommodation and service animal requests in order to avoid future claims.

He also frequently advises on wage and hour matters, including auditing employee classifications to minimize potential employer liability, and defends clients...

Lisa Petersen, Michael Best Law Firm, Labor and Employment Attorney

Lisa represents employers in regard to the full spectrum of labor and employment issues. Widely recognized for her work in employment litigation, she has achieved an enviable record of success in all types of civil and commercial disputes.

Lisa concentrates her practice on:

  • Representing employers in all types of employment disputes, including contract disputes

  • Drafting employment contracts

  • Drafting employment policies and procedures...

Arthur Gollwitzer, Trial Attorney, Appeals, Patent, Copyright Lawyer, Trade Secret Litigation

Arthur Gollwitzer is a partner in the Litigation Practice Group. Mr. Gollwitzer combines trial and appellate experience gained as a federal prosecutor in the Southern District of New York with twenty years of experience, including jury trials and appeals, handling patent, copyright, trademark, and trade secret litigation. Mr. Gollwitzer also has experience in a wide range of litigation outside of intellectual property and criminal law, including employment, partnership and breach of fiduciary duty, and breach of contract litigation.

Prior Work...