OSHA Violation Investigations – Fact-Specific Inquiry

By Todd Miller on Jan 17, 2017

Discipline, Drug & Alcohol Testing, and Incentives

In our recent post on Clearing Up OSHA’s Reporting and Retaliation Rule Updates, we examined OSHA’s strengthened standard (Standard Number 1904.35) for requiring reasonable reporting procedures for occupational injuries and illnesses and prohibiting retaliation against employees who report them. In addition to understanding the intent and interpretation of this standard, it’s important for employers to know what kinds of facts OSHA considers when determining whether a violation has occurred.

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Clearing Up OSHA’s Reporting and Retaliation Rule Updates

By Todd Miller on Jan 9, 2017

Two new, and soon-to-be-in-effect OSHA provisions focused on the recording and reporting of occupational injuries and illnesses, have caused confusion for a number of employers. Published as part of OSHA’s May 2016 final rule update, these two provisions 1) make explicit the longstanding requirement for employers to have a reasonable procedure for employees to report work-related injuries and illnesses, and 2) incorporate explicitly the existing prohibition on retaliating against employees for reporting work-related injuries or illnesses.

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