News & Analysis as of July 24, 2025

Reporting Requirements

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The Occupational Health and Safety Administration (OSHA) is a United States federal agency established in 1970 by the Occupational Health and Safety Act. OSHA is part of the Department of Labor and is charged with assuring healthy, safe, working environments. OSHA sets and enforces safety standards and policies. Examples of OSHA's duties include setting limits on workers' exposure to hazardous substances, ensuring workers have access to safety information and protective equipment, and providing employers and workers proper training to prevent dangerous conditions. less -

Common Questions in Evaluating a Whistleblower Complaint Filed with OSHA

Conn Maciel Carey LLP on 7/21/2025

In FY 2023, the Occupational Safety and Health Administration (“OSHA”) received 3,243 Whistleblower complaints filed under various statutes’ anti-retaliation provisions. OSHA is charged with investigating alleged retaliation...more

Keeping Up With OSHA’s Evolving Recordkeeping and Electronic Reporting Requirements

Miles & Stockbridge P.C. on 4/17/2023

In an era of fluctuating obligations, ramped-up enforcement and increased penalties, employers are wise to ensure they are fully compliant with current Occupational Safety and Health Administration (OSHA) recordkeeping and...more

D.C. Court of Appeals Panel to Hear Argument for Reinstating Healthcare ETS

Jackson Lewis P.C. on 2/21/2022

On April 4, 2022, a merits panel of the D.C. Circuit Court of Appeals will hear oral arguments on a petition seeking to force OSHA to issue a permanent standard for healthcare occupational exposure to COVID-19 and to...more

The 7 Main Takeaways for Healthcare Employers Now That OSHA Has Finally Unveiled Its Long-Awaited COVID-19 Emergency Temporary...

Fisher Phillips on 6/14/2021

Almost six months after President Joe Biden directed the Occupational Safety and Health Administration to determine whether emergency temporary standards (ETS) concerning COVID-19 were necessary, OSHA finally issued the...more

OSHA Issues COVID-19 Rule for Health Care Industry and Guidance for Other Industries

Pillsbury Winthrop Shaw Pittman LLP on 6/14/2021

In response to President Biden’s January 2021 Executive Order, OSHA finally issues a proposed emergency temporary standard, albeit for the health care industry only. Health care industry is to comply with most provisions...more

OSHA Withdraws Guidance on Accident Avoidance Incentives and Post-Accident Drug Testing

Parker Poe Adams & Bernstein LLP on 12/5/2018

During the Obama presidency, the federal Occupational Safety and Health Administration issued interpretation memoranda that called into question the legality of common employer programs intended to reduce accident rates. This...more

Clarification of OSHA Rule Regarding Drug Testing and Safety Incentive Programs

Polsinelli on 12/4/2018

In 2016, the Occupational Safety and Health Administration (“OSHA”) published a rule (the “2016 Rule”) – found in 29 C.F.R. § 1904.35(b)(1)(iv) – related to post-incident drug testing and workplace safety incentive programs...more

OSHA 180°? Agency Clarifies its Position on Workplace Safety Incentive Programs and Drug Testing Policies

Bowditch & Dewey on 11/19/2018

The U.S. Occupational Health and Safety Administration (“OSHA”) recently issued a Standard Interpretation memorandum (the “New Guidance”) to clarify the agency’s position on whether workplace safety incentive programs and...more

October OSHA News in Brief – New Interpretation on Drug Testing and Safety Incentives, Targeting Employers Using Form 300A Data,...

Ruder Ware on 11/7/2018

Three related developments on the OSHA front in October have implications for employers. First, OSHA has walked back its previous interpretation of the anti-retaliation rule it implemented in 2016. That rule prohibits...more

OSHA's Memorandum Clarifies Anti-Retaliation Rule

Tonkon Torp LLP on 11/1/2018

In May 2016, the Occupational Safety and Health Administration (OSHA) published a final rule adding an anti-retaliation provision that prohibits employers from retaliating against employees for reporting work-related injuries...more

OSHA Issues Important Guidance for Employer Safety Incentive/Drug-Testing Programs and Forecasts Key Enforcement Targeting...

Beveridge & Diamond PC on 10/31/2018

The Occupational Safety and Health Administration (“OSHA”) made important announcements this month regarding the electronic submission of injury and illness data. The first of these announcements took a big step back from...more

OSHA Rolls Back Guidance On Drug Testing And Incentive Programs

Husch Blackwell LLP on 10/25/2018

OSHA announced this month that it is clarifying, and effectively rolling back, portions of the injury and illness rule guidance it issued in 2016. The decision walks back guidance that potentially penalized employers for...more

OSHA Clarifies Position On Anti-Retaliation Rule

Robinson+Cole Construction Law Zone on 10/25/2018

As all members of the construction industry know, the prevention of the occurrence of work-related injuries and illnesses is a constant concern, and one that can have serious implications for the various contractual...more

OSHA Clarifies Position on Safety Incentive Programs and Post-Incident Drug Testing

Stinson LLP on 10/22/2018

On October 11, 2018, the Occupational Safety and Health Administration (OSHA) issued a memorandum entitled Clarification of OSHA's Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing Under 29 C.F.R....more

About Face: OSHA Clarifies that Safety-Incentive Programs and Post-Incident Drug/Alcohol Testing ARE Permissible

Littler on 10/22/2018

On October 11, 2018, in an about-face on prior guidance, the Occupational Safety and Health Administration (OSHA) issued a significant Standard Interpretation Memorandum regarding safety-incentive programs and post-incident...more

Is OSHA Backtracking on the Anti-Retaliation Provisions in the Recordkeeping Regulation?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/17/2018

The Occupational Safety and Health Administration (OSHA) added an anti-retaliation provision to the recordkeeping regulation finalized in May 2016, and it seems as if the workplace safety and health community has not stopped...more

Clarification of OSHA's Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing

Davis Wright Tremaine LLP on 10/16/2018

On October 11, 2018, OSHA issued interpretive guidance designed to "clarify" controversial language in the Preamble to the anti-retaliation provisions in the recordkeeping and reporting amendments adopted by the Obama OSHA...more

OSHA Clarifies Position On Anti-Retaliation Rule

Robinson+Cole Manufacturing Law Blog on 10/15/2018

Thank you to Jonathan Schaefer for this post. Jon is an attorney in our Environmental, Energy & Telecommunications Practice Group and his practice focuses on environmental compliance counseling, occupational health and...more

OSHA OKs Drug Testing and Incentive Programs ... Sort of

Fisher Phillips on 10/12/2018

OSHA Rolls Back Enforcement of Anti-Retaliation Provisions! Yesterday, the U.S. Occupational Health and Safety Administration (“OSHA”) issued a standard interpretation clarifying its position on the new recordkeeping rule’s...more

OSHA’s Revised “Improve Tracking Of Workplace Injuries And Illnesses Regulation” At OMB For Review

Jackson Lewis P.C. on 5/30/2018

OSHA is a step closer to publishing a proposed rule revising the Obama-era regulation, Improve Tracking of Workplace Injuries and Illnesses. OSHA’s proposal has been submitted to the Office of Management and Budget (OMB)...more

Your Comprehensive Guide to 2018 Proposed California Legislation

Fisher Phillips on 2/28/2018

February 16 was the deadline to introduce new bills in the California Legislature. By that date, nearly 2,200 bills were introduced. While that may seem like a staggering amount of legislative proposals (especially for a...more

OSHA’s E-Recordkeeping Deadline Extended Again – Stroke of Midnight December 31, 2017

Conn Maciel Carey LLP on 12/19/2017

The December 15, 2017 deadline for large employers and small employers in certain “high hazard industries” to submit injury and illness data to OSHA has just passed, but it is not too late to submit injury data without being...more

New December 15, 2017 OSHA Deadline for Submission of 2016 Work-Related Injuries and Illnesses is Fast Approaching

Baker Donelson on 11/29/2017

Employers have until December 1, 2017 to electronically submit injury and illness information from their 2016 Summary of Work-Related Injuries and Illnesses (Form 300A) under OSHA’s 2016 Improve Tracking of Workplace Injuries...more

OSHA Delays First Deadline for Electronic Reporting to December 15, 2017

Beveridge & Diamond PC on 11/29/2017

On November 24, 2017, OSHA published a final rule in the Federal Register delaying the initial compliance deadline for the electronic submission of worker injury and illness logs to December 15, 2017. By December 15, all...more

OSHA Sets December 15 Deadline to Electronically Submit Workplace Injury and Illness Reports

Kilpatrick on 11/28/2017

After much uncertainty and delay, the Occupational Safety and Health Administration confirmed that the deadline for employers to electronically submit injury and illness data from their 2016 OSHA Form 300A is December 15,...more

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Occupational Safety and Health Administration › Anti-Retaliation Provisions › Reporting Requirements

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