Why does OSHA address retaliation in this rule?

While it has always been a violation of the OSH Act for an employer to retaliate, in any way, against a worker for filing a safety complaint or exercising other OSHA rights, the new reporting rule further protects an employee’s right to report injuries and illnesses.

Specifically, the final rule:

1. Requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation;
2. Clarifies the existing implicit requirement that an employer’s procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting; and
3. Incorporates the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses.

OSHA will now be able to cite an employer for retaliation even if the employee did not file a complaint. Often the point of retaliating against an employee who reports a hazard is to intimidate them from asserting their rights. This new authority gives OSHA the ability to protect workers who have been subject to retaliation, even when they cannot speak up for themselves.

Holding employees accountable for their actions only goes so far according to OSHA.