Occupational Safety & Health Reporter℠

OSHA’s Anti-Retaliation Regulation Is Enforceable, Judge Says

Feb. 28, 2019, 9:25 PM

A recent federal regulation prohibiting employers from punishing workers for reporting injuries is valid, according to an administrative law judge’s order.

The order, released Feb. 28, is likely the first time a judge from the Occupational Safety and Review Commission has ruled on whether the three-year-old requirement is enforceable, attorneys told Bloomberg Law. The commission reviews appeals of Occupational Safety and Health Administration citations.

ALJ William Coleman in Washington sided with OSHA’s interpretation. Enforcement of the regulation “is well within the bounds” of the Occupational Safety and Health Act, Coleman wrote.

Wrongly Discharged?

At issue is OSHA’s February 2018...

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