On Dec. 1, 2016, new OSHA regulations aimed at “nudging” employers into creating safer workplaces went into effect. Of particular significance are the new anti-retaliation provisions, which may require changes to employers’ worksite safety incentive programs.

The anti-retaliation provisions in the Occupational Safety and Health Administration’s new regulations seek to encourage employees to report work-related injuries and illnesses to their employers. The regulations explicitly prohibit employers from retaliating against employees who report injuries and illnesses, and impose requirements on employers to make sure their policies do not discourage employees from reporting issues. Specifically, the new anti-retaliation provisions require employers to: