OSHA’s controversial Electronic Injury and Illness Recordkeeping data submission rule, along with new Anti-Retaliation elements, has thus far survived a barrage of negative stakeholder comments during the rulemaking, multiple enforcement deferrals and delays of effective dates, and legal challenges complete with preliminary injunction motions. As of today, all elements of the rule are still in effect, including limits on post-injury drug testing and safety incentive programs, and barring a change before December 1, 2017, thousands of employers will, for the first time, be required to submit injury and illness recordkeeping data to OSHA, possibly for publishing online.
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Eric J. Conn
Eric J. Conn is a founding partner and Chair of the national OSHA • Workplace Safety Practice Group at the law firm Conn Maciel Carey LLP, where he focuses his practice on all aspects of occupational safety and health law. Mr. Conn began his career practicing for more than a decade alongside the former first General Counsel of the OSH Review Commission. Mr. Conn represents employers in inspections, investigations and enforcement actions involving OSHA, state OSH programs, the Chemical Safety Board, EPA and state and local safety related agencies. He also handles all aspects of OSHA litigation, from appeals of citations to criminal prosecutions.
Mr. Conn conducts and directs attorney-client privileged workplace safety audits, delivers safety training, and helps employers develop and implement compliant safety and health programs. He writes and speaks extensively on safety and health law issues, including authoring chapters in multiple OSHA Treatises and editing the OSHA Defense Report blog.
Mr. Conn earned both his bachelor and law degrees from the University of Virginia, and served on the Editorial Board of the University of Virginia Law Review.