Business Insurance recently featured comments from Gardere attorney Taylor E. White on OSHA anti-retaliation provisions. According to the publication, OSHA recently issued a memorandum that further explains the provisions prohibiting employers from retaliating against employees for reporting workplace illnesses and injuries.
“I wish that this guidance would have provided something more helpful for employers, but frankly it seems to me that it’s more of a restatement or maybe a little further explanation of the same positions that OSHA or the Department of Labor have already taken,” said Mr. White. “I think there are a lot of evidentiary problems for employers going into this, but I certainly don’t think the guidance provides anything new for employers to clarify how they go about providing that evidence to overcome a claim like this.”
The full article can be accessed here.