Yesterday, OSHA announced that it would delay the effective date of one portion of the final rule, “Improve Tracking of Workplace Injuries and Illnesses” also known as the Electronic Recordkeeping rule. Specifically, OSHA has delayed enforcement of the anti-retaliation provision, 1904.35(b)(1)(iv), from August 10, 2016 until November 1, 2016. Section 1904.35(b)(1)(iv), states, “[employers] must not discharge or in any manner discriminate against any employee for reporting a work-related injury or illness.”
According to the agency’s news release the delayed effective date will allow OSHA “to conduct additional outreach and provide educational materials and guidance for employers.”
Employer’s are still required to inform employees that they have a right to report work-related injuries and illnesses and inform employees that employers are prohibited from discriminating against employees from reporting such injuries and illnesses by August 10, 2016. This can be accomplished by posting the OSHA Job Safety & Health – It’s the Law poster dated April 2015 or later.