OSHA’s new rule, Improve Tracking of Workplace Injuries and Illnesses, took effect on December 1.
As previously
reported in the Leadership Update ,
in July 2016 several trade associations and others (“plaintiffs”) filed suit
against OSHA challenging the agency’s anti-retaliation provisions in the final
rule, Improve
Tracking of Workplace Injuries and Illnesses (81 Fed. Reg. 29,624)
(May 12, 2016). The legal challenge alleged the final rule exceeded OSHA’s
statutory authority, violated the Administrative Procedures Act and the
Occupational Safety and Health Act, and requested the Court to declare the
final Rule unlawful and set it aside. Additionally, the plaintiff’s also
requested a nationwide preliminary injunction to permanently delay the
effective date of the standard until a decision is reached in the case.
The impact of this decision is
that all employers including ISRI members had to begin compliance with OSHA’s
new rule, Improve Tracking of Workplace
Injuries and Illnesses by December
1, 2016. Starting December 1, OSHA is able to issue citations and penalties
and require abatement, including reinstatement and financial compensation to
terminated employees, order payment of revoked incentives and other remedies to
make the employee whole for violations of the anti-retaliation provisions of
the final rule. Employers are also required to provide information to employees
regarding injury reporting and the requirements that prevent employers from
retaliating against employees
On November
28, 2016, the U.S. District Court for the Northern District of Texas Court
denied the motion for a preliminary injunction on the grounds that the
plaintiffs could not show irreparable harm would be incurred without an
injunction or that an injunction was necessary to protect the public interest.
A decision on the merits of the legal challenge
and the validity of the final Rule has not yet been made. Also, there may be
regulatory changes following the change of the presidential administration
early next year. But for now, these regulations are the law, and ISRI members
should review their policies. Contact
Terry
Cirone for any questions concerning this information. More detailed
information concerning this regulation can be found on the
ISRI
OSHA Alliance website in the Regulatory Update section.
Leadership Update Main