On July 13, 2016, OSHA announced its decision to delay implementation of the anti-retaliation provisions from its new injury and illness tracking rule until November 1, 2016. As Bryan Cave recently discussed, the rules had previously scheduled to become effective beginning August 10, 2016. OSHA is expected to issue additional guidance materials prior to the rule becoming effective.

OSHA issued its memorandum days after industry groups filed a complaint in the U.S. District Court for the District of Northern Texas challenging the anti-retaliation provisions (TEXO ABC/AGC, Inc., et al. v. Perez, No. 3:16-cv-1988-D (complaint filed July 8, 2016)). OSHA’s memorandum immediately followed the plaintiff group’s motion for immediate injunctive relief, which requested immediate relief to prevent the anti-retaliation rules from being enforced. The complaint criticizes OSHA for failing to provide interested parties an adequate opportunity to provide comment on the rules, which are expected to have a significant impact on which policies OSHA views as acceptable under the regulations.

OSHA’s memorandum indicates no changes will be made to the rule, but it states additional guidance materials will be made available to employers prior to the rule’s effective date on November 1. Bryan Cave will monitor the release of such guidance and the status of litigation and provide additional commentary as may be helpful to interested industry members.

Please contact Bryan Keyt (312-602-5036), Mitchell Allen (404-572-6849), Erin Brooks (314-259-2393) or any member of the OSHA team if you have any questions or if we can be of assistance.

Additional Information

OSHA’s memo is available the following web address https://www.osha.gov/recordkeeping/finalrule/TrackingEnforcementMemo.pdf.

Bryan Cave LLP’s initial discussion of this rule is available at the following web address https://www.bryancave.com/en/thought-leadership/what-employers-need-to-know-about-osha-s-new-reporting-and-anti.html.