OSHA’s Safety ‘Nudge’ to Employers: No Reportable Injuries Is Not Time for a Pizza Party

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Lexology Hayley J. Wallace
New rules from the U.S. Occupational Safety and Health Administration say notice must be given to workers explaining their right to report any injury or illness without fear of retaliation for making the report. Employers must establish a procedure for workers to report work-related injuries and illnesses promptly. Furthermore, employers may not fire or discriminate against workers for reporting a work-related injury or illness. Incentive programs based on maintaining an “injury free” period may now be considered unreasonable if the policy would deter an employee from reporting a work-related injury.

Post-injury drug testing should be done with caution, so as not to deter injury reporting. In most cases, OSHA’s injury and illness data reports will need to be submitted electronically, beginning Jan. 1, 2017.

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