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October 19, 2016
OSHA further extends enforcement of controversial antiretaliation provisions
By Ana Ellington, Legal Editor

OSHA has agreed to extend the date the Agency was to begin enforcing the antiretaliation provisions of the final rule to improve tracking of workplace injuries and illnesses. Enforcement of the provisions that went into effect August 1, 2016, was already extended once to November 1, 2016. With the latest announcement, employers have until December 1, 2016, to comply.

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According to Assistant Secretary of Labor for Occupational Safety and Health David Michaels, PhD, speaking during a media roundtable at the 2016 National Safety Council Congress & Expo in Anaheim, California, OSHA will be developing guidance over the next few months to help employers understand how to comply with OSHA’s antiretaliation provisions. The guidance will focus on post-injury drug testing and employee safety incentive programs.

OSHA’s antiretaliation provisions require employers to inform employees of their right to report work-related injuries and illnesses without fear of retaliation; require employers to implement reasonable procedures for reporting injuries and illnesses that do not deter or discourage employees from reporting work-related injuries or illnesses; and prohibit employers from retaliating or discriminating against employees for reporting injuries and illnesses.

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