OCT 19 2016
MEMORANDUM FOR: REGIONAL ADMINISTRATORS
FROM: DOROTHY DOUGHERTY, Deputy Assistant Secretary
SUBJECT: Interpretation of 1904.35(b)(1)(i) and (iv)
On May 12, 2016, OSHA published a final rule that, among other things, amended 29 C.F.R. 1904.35 to add two new provisions: section 1904.35(b)(1)(i) makes explicit the longstanding requirement for employers to have a reasonable procedure for employees to report work-related injuries and illnesses, and (b)(1)(iv) incorporates explicitly into Part 1904 the existing prohibition on retaliating against employees for reporting work-related injuries or illnesses under section 11(c) of the OSH Act, 29 U.S.C. § 660(c). This memorandum explains these provisions in more detail.