News & Analysis as of August 21, 2025

Anti-Retaliation Provisions

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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 -

OSHA Retaliation Claims Under Section 11(c): A Legal and Practical Guide for Employers

Friling Law on 8/18/2025

Employers across the U.S. must follow not only the workplace safety rules set out in the Occupational Safety and Health Act of 1970 (the “OSH Act”), but also its anti-retaliation protections — some of the strongest yet often...more

The Top 18 Workplace Law Stories from August 2021

Fisher Phillips on 9/9/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Same Old Situation for Employers? Top 10 Takeaways as OSHA Updates COVID-19 Workplace Guidance

Fisher Phillips on 8/16/2021

In response to the surge of delta variant cases across the country, federal workplace safety officials just issued updated guidance to help employers and workers identify current COVID-19 risks for unvaccinated or otherwise...more

COVID-19, Workplace Safety and Health, and Employee Claims of Retaliation: What’s an Employer to Do?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/12/2021

As of August 8, 2021, the Occupational Safety and Health Administration (OSHA) has received more than 5,558 whistleblower complaints related to COVID-19 since the start of the pandemic (and State Plans have received an...more

Health Care Providers Must Comply With OSHA's Emergency Temporary Standards by July 5

Chambliss, Bahner & Stophel, P.C. on 7/2/2021

On June 10, 2021, the Occupational Safety and Health Administration (OSHA) issued its long-awaited COVID-19 Emergency Temporary Standard (ETS). A notable feature of the ETS, in addition to the timing of its issuance over a...more

OSHA Provides New COVID-19 Workplace Guidance: The 10 Things Employers Need to Know

Fisher Phillips on 6/14/2021

On the same day the Occupational Safety and Health Administration issued the long-anticipated Emergency Temporary Standard (ETS) applicable to healthcare employers, the agency also issued updated Guidance on Mitigating and...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

The Impact of the New OSHA Guidance on Other Employment Policies and Practices

Butler Snow LLP on 2/5/2021

On January 21, 2021, President Biden issued an Executive Order on Protecting Worker Health and Safety directing the Assistant Secretary of Labor for Occupational Safety and Health to issue science-based guidance for employers...more

OSHA Issues Guidance on Strategies to Mitigate and Prevent the Spread of COVID-19 in the Workplace

Butler Snow LLP on 2/1/2021

My Safety Complaint Was Unsafe for My Continued Employment

Bradley Arant Boult Cummings LLP on 2/28/2019

OSHA Safety Retaliation – What Is It? Virtually every employee protection law, federal or state, has some sort of anti-retaliation provision. The federal Occupational Safety and Health Act is no exception. The Occupational...more

OSHA Clarifies Its Position On Drug Testing And Safety Incentive Policies

Laner Muchin, Ltd. on 11/2/2018

In a Memorandum to Regional Administrators dated October 11, 2018, OSHA provided further guidance on whether certain drug testing policies or safety incentive programs would violate OSHA’s anti-retaliation standard. In its...more

Kentucky's New Workers' Comp Law Encourages Drug Testing

Fisher Phillips on 10/16/2018

House Bill 2 (“HB2”) was signed into law by Governor Matt Bevin and became effective in July 2018. Through HB2, the legislature enacted significant changes to multiple provisions of the Workers’ Compensation Act. One of the...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 New Guidelines for Employer Anti-Retaliation Policies

Ruder Ware on 1/18/2017

Most employers and employees know that the Occupational Safety and Health Administration (OSHA) is the federal agency charged with overseeing safety and health in U.S. workplaces. Many are surprised, however, to learn OSHA...more

OSHA Publishes Recommended Practices for Anti-Retaliation Programs

Seyfarth Shaw LLP on 1/18/2017

Seyfarth Synopsis: Employers that are regulated under any of the 22 federal whistleblower protection laws are encouraged to review company policies, procedures, and training systems to examine conformity with this guidance....more

Affordable Care Act Whistleblower Complaint Procedures

McDermott Will & Schulte on 10/17/2016

On October 11, 2016, the Occupational Safety and Health Administration published a final rule that establishes procedures and time frames for handling whistleblower complaints under the Affordable Care Act (ACA); for hearings...more

Just Say No to Automatic Post-Accident Drug-Testing

Akerman LLP - HR Defense on 9/28/2016

Do you automatically drug-test after all work-related injuries or accidents? If so, you should change your policy immediately in light of the Occupational Safety and Health Administration’s new reporting Rule, which went into...more

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