Employee X reports a hand injury that she sustained while operating a saw after bypassing the guard on the saw, contrary to the employer's work rule. Employee X's hand injury required her to miss work for two days. Employer disciplined Employee X for bypassing the guard contrary to its instructions. Employer regularly monitors its workforce for safety rule violations and disciplines employees who bypass machine guards regardless of whether they report injuries. Did Employer violate 1904.35(b)(1)(iv) when it disciplined Employee X?

No. Section 1904.35(b)(1)(iv) does not prohibit employers from disciplining employees who violate legitimate workplace safety rules as long as the rules are not used as a pretext for retaliating against employees who report work-related injuries or illnesses. On the contrary, OSHA encourages employers to implement workplace safety rules, train employees on those rules, and take consistent, appropriate action when employees violate them regardless of whether the employees violating the rules reported injuries.

FAQ ID: 622