By Pat Miller, Rod Smith, Chuck Newcom and Matt Morrison

OSHA has announced that it will delay the implementation of its new anti-retaliation rule from August 10 to November 1, 2016, in order “to conduct additional outreach and provide educational materials and guidance for employers.” This announcement also comes amid legal challenges to the new rule. As we previously noted, OSHA’s new rule is controversial in many respects. Most notably, OSHA has taken the position that some safety incentive programs may run afoul of the new rule. Even more controversial, OSHA has taken the position that mandatory post-accident drug testing may violate the rule as well. The extra time for enforcement of the rule will give employers more opportunity to consider OSHA’s new “outreach and educational materials” before modifying any company policies, if necessary. We do not anticipate any changes to the basic requirements of the rule. We will provide further updates as OSHA releases its guidance.

Rod Smith, Pat Miller, Chuck Newcom and Matt Morrison are part of Sherman & Howard’s Labor & Employment Law Department, practicing in the areas of occupational safety and health law. They routinely appear before the federal Occupational Safety and Health Review Commission, the federal Mine Safety and Health Review Commission, and state occupational safety and health boards.

Sherman & Howard L.L.C. has prepared this advisory to provide general information on recent legal developments that may be of interest. This advisory does not provide legal advice for any specific situation and does not create an attorney-client relationship between any reader and the Firm.

©2016 Sherman & Howard L.L.C.                                                                                             July 18, 2016