OSHA delays enforcement of anti-retaliation provisions of injury tracking rule

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The Occupational Safety and Health Administration has agreed not to enforce the anti-retaliation provisions in its workplace injury and illness tracking rule until Dec. 1 while the U.S. District Court for the Northern District of Texas considers a motion challenging the new provisions.

The provisions originally were scheduled to begin Aug. 10, but enforcement previously had been postponed until Nov. 10.

Under the rule, assisted living communities and other employers must inform workers of their right to report work-related injuries and illnesses without fear of retaliation; implement procedures for reporting injuries and illnesses that are deemed reasonable and do not deter workers from reporting; and incorporate the existing statutory prohibition on retaliating against workers for reporting injuries and illnesses.

“High-hazard” industries that have 250 or more employees will be required to electronically submit to OSHA the injury and illness information that they already collect on OSHA Forms 300, 300A and 301. Businesses with 20 to 249 employees will be required to electronically submit information from Form 300A only.

The information will be posted on OSHA's website in what the agency said will be the largest publicly available data set on work injuries and illnesses. All personally identifiable information will be removed.

OSHA said it also will use the data to target compliance assistance and enforcement resources at establishments where workers are at greatest risk.

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