C.F.R. » Title 29 » CHAPTER XVII—OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR › PART 1904—RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES › Subpart D—Other OSHA Injury and Illness Recordkeeping Requirements

29 C.F.R. § 1904.36

Prohibition against discrimination

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In addition to § 1904.35, section 11(c) of the OSH Act also prohibits you from discriminating against an employee for reporting a work-related fatality, injury, or illness. That provision of the Act also protects the employee who files a safety and health complaint, asks for access to the part 1904 records, or otherwise exercises any rights afforded by the OSH Act.

[81 FR 29692, May 12, 2016]
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2015–2023 · leading case: Dudley v. Siler Excavation Servs., L.L.C., 2023 Ohio 666 (Ohio Ct. App. 2023).
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Dudley v. Siler Excavation Servs., L.L.C., 2023 Ohio 666 (Ohio Ct. App. 2023). · cites it 2× “35(b)(1), 29 CFR 1904.36, Ohio Rev. Code 4101.11 and 4101.”
Perez v. United States Postal Serv., 76 F. Supp. 3d 1168 (W.D. Wash. 2015). “, 29 C.F.R. § 1904.36 (prohibiting retaliation for reporting workplace injury).”
Acosta v. Susquehanna Nuclear LLC (M.D. Penn. 2019). “§§ 657 , 673 (requiring employers to maintain accurate records and statistics of workplace injuries); 29 C.F.R. § 1904.36 (prohibiting employers from discriminating against an employee for reporting work related injuries); (Doc.”
Su v. United States Postal Serv. (W.D. Wash. 2023). “injury,” 29 C.F.R. § 1904.36 , and “[c]ertain 19 other rights [that] exist by necessary implication,” 29 C.”
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