A powerful group of national trade associations filed suit against the retaliation provisions of federal OSHA’s new Tracking Workplace Injuries and Illnesses final rule in U.S. District Court of the Northern District of Texas on July 8, 2016.
In addition, on July 12 the group filed an emergency motion for preliminary injunction seeking to delay those provisions from implementation.
The following day (July 13) OSHA announced a delay in the enforcement of the retaliation provisions of the final rule from Aug. 10 to Nov. 1, 2016.
The group filing the suit includes the National Association of Manufacturers (NAM), the largest manufacturing association in the U.S., and Associated Builders and Contractors (ABC), one of the largest national construction trade industry associations, as well as several others.
The trade association suit challenged the provisions that will limit post-accident drug testing and safety programs that they believe contribute to construction jobsite safety.
NAM also stated its belief that “OSHA lacks the statutory authority to enforce this rule.”
OSHA announced that enforcement of the anti-retaliation section of the electronic injury tracking rule would be delayed “to conduct additional outreach and provide educational materials and guidance for employers”.
According to OSHA, under the rule employers are “required to inform workers of their right to report work-related injuries and illnesses without the fear of retaliation; implement procedures for reporting injuries and illnesses that are reasonable and do not deter workers from reporting; and prohibited from retaliating against workers for reporting injuries and illnesses.”
The OSHA notice on our federal labor law poster will be updated with new retaliation information based on this rule when we publish an updated poster in the fall with U.S. Department of Labor updates about penalty increases.
Poster Compliance Center will continue to closely monitor the situation and advise employers of any significant future developments.
To learn about our OneSystem with free automatic updates, go to our OneSystem 1-Year Compliance Plan page or call 800-322-3636.