Beginning January 1, 2017, employers became subject to a new electronic injury recordkeeping rule that includes anti-retaliation provisions that create employer obligations and prohibitions related to internal employee injury reporting procedures.

It also expands OSHA’s enforcement authority by introducing an enigmatic new set of anti-retaliation provisions addressed more thoroughly below. Particularly controversial is the impact of OSHA’s new rule on policies related to post-injury drug testing and safety incentive programs. Because US employers may face citations and hefty fines for violations of OSHA standards, it is imperative that employers adopt a renewed commitment to understanding and complying with the new requirements mandated by OSHA.

Constangy's Jim Goh and LaLonnie Gray co-authored an article with Xcel Energy assistant general counsel Jennifer Jaskolka on the new OSHA Requirements for the April 2017 issue of the ACC Docket. 

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