OSHA delays enforcement of employee involvement provisions

Dorothy Dougherty, deputy assistant secretary of labor for the Occupational Safety and Health Administration, issued a memorandum to regional administrators dated Oct. 18, 2016, announcing the extended delay of enforcement of the employee involvement provisions under the final rules of 29 CFR 1904.35 designed to improving tracking of workplace injuries and illnesses to Dec. 1, 2016.

According to the memo, “The final rule to Improve Tracking of Workplace Injuries and Illnesses contains three new employee involvement provisions that address employer conduct that could discourage employees from reporting work-related injuries or illnesses” that become effective Aug. 10, 2016.

“The final rule clarifies the existing implicit requirement that an employer’s procedure for reporting work-related injuries or illnesses (1904.35(b)(1)(i)); requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation ((b)(1)(ii)-(iii)); and incorporates   into Part 1904 the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses ((b)(1)(iv)),” the memo continues.

While Dougherty writes that OSHA first delayed enforcement of these provisions until Nov. 1, 2016, to allow time for more outreach to employers, she states that the agency agreed to the further delay in response to the request of the U.S. District Court, Northern District of Texas, to allow the court more time to consider a motion before the court in a case that challenges the new provisions, TEXO ABC/AGC Inc. v. Perez.