Yesterday, OSHA announced that it would delay the effective date of one portion of the final rule, “Improve Tracking of Workplace Injuries and Illnesses” also known as the Electronic Recordkeeping rule. Specifically, OSHA has delayed enforcement of Section 1904.35, which requires employers to inform employees of the right to report injuries and illnesses free from retaliation and to establish reasonable procedures for employees to report work-related injuries and illnesses. Employers are already required to have reporting procedures, but the final rule clarified that to be reasonable, such reporting procedures must not discourage employees from reporting injuries or illnesses.
Section 1910.35 became effective August 10, 2016, however, OSHA has delayed enforcement until November 1, 2016. According to the agency’s news release the delayed effective date will allow OSHA “to conduct additional outreach and provide educational materials and guidance for employers.”