Anti-Retaliation Rule Effective November 1, 2016

The Occupational Health & Safety Administration has announced that it will implement their new anti-retaliation rule effective November 1, 2016. 

Often after a workplace accident or injury, employers will do conduct a blanket sweeping drug testing which discourages timely reporting and record keeping of the incident. This new rule will promote timely reporting by protecting employees from fear of retaliation from their employers.

OSHA has said that, "employer’s procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting." While these means there will be penalties for discouraging behavior, employers must also be active in encouraging their employees to report workplace accidents.

The rule was set to go in effect August 10, 2016 but OSHA has extended the date to November 1, 2016 to allow employers time to be compliant to the new rule. You can find more information on the Final Rule at OSHA.gov and also on the National Law Review.

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