Enforcement Date of OSHA Rule Delayed Again Until December 1

October 24, 2016

The Occupational Safety and Health Administration (OSHA) has delayed for a second time the enforcement date of its new "Reasonable Reporting Procedure" rule as it pertains to post-accident drug testing and safety incentive programs. The new enforcement date for the Rule is December 1, 2016.

The Rule contains three new employee involvement provisions that address employer conduct that could discourage employees from reporting work-related injuries or illnesses. The Rule clarifies the existing implicit requirement that an employer’s procedure for reporting work-related injuries and illnesses must be reasonable and therefore must not deter or discourage reasonable employees from reporting work-related injuries or illnesses; requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation; and incorporates the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses.