The Occupational Safety and Health Administration (OSHA) recently rolled out a New Enforcement Guide for OSHA Recordkeeping, Incentive Rule. Critics are questioning the substance of the Guidance due to a lack of precision regarding the terms of the regulation. Specifically,
 

• The rule requires “reasonable” employer programs, but doesn’t spell out what that means, and
   
• The guidance describes when to open whistle-blower investigation, but the circumstances for what qualifies as an “appropriate” cause for starting an investigation will vary significantly.

 
For example, inspectors can cite employers for discouraging workers from reporting ...