National Roofing Legal Resource Center

OSHA record-keeping regulation

NRCA is working to mitigate a problem with a regulation issued by the Occupational Safety and Health Administration (OSHA) that requires employers to submit injury and illness records to the agency so they may be posted online for public inspection. OSHA officials believe the risk of retaliation against workers for reporting injuries is so great there must be a limitation of mandatory post-accident drug and alcohol testing, despite the tool being widely used by employers to promote a safe workplace.

The preamble to the final regulation expresses OSHA's opposition to mandatory post-accident testing, but the actual text is silent about its permissibility, creating uncertainty among employers regarding how the policy will be enforced. NRCA opposed this regulation and testified before Congress to outline member concerns regarding how it negatively will affect safety in the roofing industry. NRCA now is working with Rep. Phil Roe (R-Tenn.) and other lawmakers to send a letter to OSHA that highlights the safety benefits of post-accident testing; expresses concern regarding procedural flaws in the regulation; and urges OSHA to reconsider the policy.

NRCA’s Action Alert regarding this issue can be viewed here:


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