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OSHA Delay Effective Date for Enforcing Employees’ Rights to Report Workplace Injuries, Illnesses

Wednesday, July 13, 2016
OSHA Delay Effective Date for Enforcing Employees’ Rights to Report Workplace Injuries, Illnesses


On November 1, 2016 controversial aspects of OSHA’s “Improve Tracking of Workplace Injuries and Illnesses” standard took effect and are enforceable.

On June 27, 2017 OSHA proposed to delay enforcement of the requirement for many employers to electronically submit information from their OSHA 300, 300A, and 301 forms by July 1, 2017 to December 1, 2017.

The public is invited to submit comments to the agency to help facilitate its review of this aspect of the standard. The agency “determined that a further delay of the compliance date is appropriate for the purpose of additional review into questions of law and policy”.

A number of groups have filed suit arguing against ALL of the provisions in the “Improve Tracking of Workplace Injuries and Illnesses” standard. It is unknown when these cases will be heard and what the outcome may be.

Our advice to clients is to address the provisions currently in place and develop a “common sense” approach to each. Please contact your Horton representative if you would like more information.


OSHA published a notice extending the compliance deadline for controversial provisions of the recently published Electronic Recordkeeping Final Rule.

Specifically, the agency has delayed enforcement of the following provisions prohibited in the final rule:

  • Blanket, post-accident drug testing programs
  • Safety incentive programs that include rewards for not being injured
  • Disciplinary action for safety violations that result in injuries
  • Disciplinary action for reporting an injury late

The agency states that it needs more time to conduct “outreach” to inform, educate, and provide guidance to employers. Despite the outcry from employers and employer groups, the agency has only delayed implementation of these controversial requirements. The new compliance deadline is November 1, 2016. The Horton Group has scheduled workshops to provide detail on these new requirements and offer strategies employers can use to achieve compliance AND still utilize effective risk control techniques. Please contact your Horton representative for more information.

Below is the Trade Release issued on July 13, 2016 by the U.S. Department of Labor Occupational Safety and Health Administration Office of Communications

OSHA delays effective date for enforcing employees’ rights to report workplace injuries, illnesses

WASHINGTON – The Occupational Safety and Health Administration is delaying enforcement of the anti-retaliation provisions in its new injury and illness tracking rule to conduct additional outreach and provide educational materials and guidance for employers. Originally scheduled to begin Aug. 10, 2016, enforcement will now begin Nov. 1, 2016.

Under the rule, employers are required to inform workers of their right to report work-related injuries and illnesses without fear of retaliation; implement procedures for reporting injuries and illnesses that are reasonable and do not deter workers from reporting; and incorporate the existing statutory prohibition on retaliating against workers for reporting injuries and illnesses.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit

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Material posted on this website is for informational purposes only and does not constitute a legal opinion or medical advice. Contact your legal representative or medical professional for information specific to your legal or medical needs.

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