INGAA comments on OSHA’s Supplemental Notice of Proposed Rulemaking

Posted October 14, 2014

In the supplemental notice, OSHA is soliciting comments on whether to amend the proposed rule to require that employers inform their employees of their right to report injuries and illnesses, and that any injury and illness reporting requirements established by the employer must be reasonable and not unduly burdensome. OSHA is also proposing to prohibit employers from taking adverse action against employees for reporting injuries and illnesses.

INGAA does not believe that additional or amended rules on these topics are necessary or appropriate. While OSHA is raising questions in the supplemental notice about whether to amend the proposed tracking rule, OSHA is not proposing specific regulatory language on which the public may comment. OSHA already has mechanisms in place to protect employees, including comprehensive procedures set forth in 29 CFR Part 1977. OSHA promulgated these rules in 1973 pursuant to Section 11(c) of the OSH Act, which prohibits employers from taking retaliatory actions against employees for exercising rights afforded to them under the Occupational Safety and Health Act. The body of anti-retaliation law under Section 11(c) has developed over the years and is now well-established. Therefore, it is inappropriate for OSHA to amend these rules without going through proper rulemaking procedures, allowing interested members of the public to comment, as required by the Administrative Procedure Act.

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