b'The DOL is arguing that these policies, which require immediate reporting of any work-related injury to the company, are unreasonable and may prevent an employee from reportingwas recently brought to light in a lawsuit filednot following the companys injury-reporting by the Department of Labor against U.S. Steel.procedures. The DOL is taking the position that In this suit the DOL is seeking a permanentthe companys injury-reporting procedures are injunction prohibiting U.S. Steel from enforcingnot reasonable because they require immediate its current injury-reporting policies. The DOLreports of injuries. is arguing that these policies, which requireAlthough this lawsuit is not premised on immediate reporting of any work-relatedthe new OSHA standard, which does not go injury to the company, are unreasonable andinto effect until January 1, 2017, the DOL is may prevent an employee from reporting abasing its case on the alleged retaliation against workplace injury because he or she has missedtwo employees that might have deterred or the deadline established by the employer anddiscouraged them from reporting on the job is therefore subject to disciplinary action.injuries. I remind readers that in the June 2012 The DOL is citing two incidents that led toissue of Frame Building News, I reported on disciplinary action (suspensions) against twoan OSHA memo dated March 12, 2012, that employees for not complying with U.S. Steelswas intended to put all employers on notice reporting requirements.that OSHA would consider any work rules In the U.S. Steel case one employee got athat in any way discouraged an employee from splinter in his thumb and did not report it toreporting a work-related injury or illness to be the company. The employees thumb becamea violation of Section 11(c) of the Occupational infected, necessitating a report and a workersSafety and Health Act. The memo, authored compensation claim about a week after theby Richard Fairfax, stated that OSHA would incident. In the second incident an employeeconsider any work rule that suggested or was struck on the head but did not feel he hadmandated disciplinary action against an suffered an injury that needed to be reported.employee for not abiding by the employers About a week after the incident, he beganwork rules for reporting work-related injuries to have neck pain and then reported theor illnesses an 11(c) violation. incident. Both employees were disciplined forIn taking this action, as when drafting the www.mrca.orgMidwest Roofer 45'