Oklahoma workers could gain expanded protection after reporting a workplace injury or illness to an employer. Although the Occupational Safety and Health Administration has delayed its implementation until Dec. 1, a new regulation that requires companies to electronically send injury and illness reports to federal regulators includes a provision about retaliation. <\/p>\n
Previously, workers needed to file a complaint with OSHA within 30 days of an employer acting against them after reporting an injury. The new regulation drops the necessity of a worker informing the agency<\/a>. OSHA can now investigate retaliation claims at the discretion of inspectors. <\/p>\n As a result, some employers became concerned that investigators would consider drug testing after an accident to be retaliatory because OSHA might view the test as an invasion of a worker’s privacy. Exemptions within the policy, however, could grant most employers the ability to drug test after an accident. For example, if state workers’ compensation laws insisted on post-accident testing, then a claim of retaliation could not be made. Evidence that supports a reasonable concern that drugs or alcohol contributed to the accident could also protect an employer from charges of retaliation. <\/p>\n