After significant delay, the Occupational Health and Safety Administration (OSHA) will begin enforcement of its new anti-retaliation regulations today. Although these provisions of the Improving Tracking of Workplace Illness and Injury rule actually went into effect in August of this year, OSHA agreed to push back the enforcement deadline twice, most recently at the request of a federal judge who was reviewing evidence from several organizations and employers asking for an injunction against the rule. Ultimately, the judge declined the request for an injunction, allowing OSHA to begin enforcement on schedule. In addition to the anti-retaliation provisions which became effective today, the portion of the rule requiring employers to electronically submit injury and illness data will go into effect on January 1, 2017, although 2016 reports are not required to be filed until July 1.
By now, employers (whether they like it or not) should be more than familiar with the Improving Tracking of Workplace Illness and Injury rule. For those who are still feeling uncertain as to what is allowed under the new rule, especially regarding incentive programs, you can review OSHA’s recently updated Guidelines for Safety and Health Programs in Construction which offers Recommended Practices for the implementation of safety and health programs by small and medium-sized businesses. (The Guidelines For Safety and Health Programs in general industry are available for download on the same page.)
You should also begin familiarizing yourself with the new amendments to OSHA’s Walking-Working Surfaces and Personal Protective Equipment standards for general industry, many of which are scheduled to go into effect on January 17, 2017. Unlike the highly controversial recordkeeping and retaliation rule, this new rule is regarded as largely employer-friendly and likely to ease compliance, as its primary purpose is to bring regulations which have not been revised since the early 1970s up to date with current industry standards. According to OSHA’s press release, “The final rule’s most significant update is allowing employers to select the fall protection system that works best for them” as has been allowed for the construction industry since 1994.
OSHA has also recently extended the deadline for comments on its proposed revisions to the agency’s recordkeeping, general industry, maritime, and construction standards. Once set to end December 5, 2016, the comment period will now last until January 4, 2017. Comments can be submitted electronically at www.regulations.gov, by fax, or through mail.