OSHA Final Rule – Electronic Recordkeeping & Retaliation Free Employee Reporting

Matt Olphin Human Resources, Risk Management

Anti-Retaliation Provisions and Impact on Post Accident Drug Testing Effective today – December 1, 2016, the anti-retaliation provisions of OSHA’s recent Electronic Recordkeeping final rule go into effect. The recent court challenge, brought by numerous companies and industry groups, to the anti-retaliation provisions of this final rule was not successful. The injunction blocking the anti-retaliation provisions from becoming effective today was denied. That does not mean the court challenge to this final rule was lost. We will continue to monitor the issue. Perhaps the most hotly contested anti-retaliation provision is that OSHA may view blanket post-accident drug testing programs as retaliation against injured workers for reporting injuries. OSHA does not have issue with post-accident drug testing when required by law, …