Adele L. Abrams, Esq., CMSP
OSHA’s 2016 electronic recordkeeping rule has two components: 1) whistleblower protections that effectively expand Section 11(c) protections for workers and impose new policy and training requirements on employers, and also affect workplace drug testing, disciplinary programs and incentive systems; and 2) electronic data submission requirements for certain employers. The rule came into partial effect in 2016, with additional requirements triggered in late 2017. OSHA has since reopened the rule in part and has stayed certain requirements indefinitely. The rule is also in litigation, and OSHA has been sued for failure to disclose key information through FOIA. We will address what is currently in effect and what is needed for compliance; how the new rule is being enforced to date; where things stand from a rulemaking perspective; and discuss litigation between the agency and multiple parties arising from this rule.