• OSHA Will Begin Enforcing the Anti-retaliation Portions of its Injury and Illness Tracking Rule On Thursday, December 1, 2016
  • December 28, 2016 | Author: Daniel R. Flynn
  • Law Firm: Leech Tishman - Oak Brook Office
  • On Thursday, December 1, 2016, OSHA will begin enforcing the anti-retaliation portions of its injury and illness tracking rule.

    Case Update

    Originally scheduled to take effect on August 10, 2016, OSHA delayed enforcement of the new rule until November 1, 2016, and then again until December 1, 2016, at the request of Judge Lindsay of the Northern District of Texas “to allow additional time to consider a motion pending before the court in a case challenging the new provisions.” TEXO ABC/AGC, Inc. v. Perez, No. 3:16-CV-1998 (N.D. Tex. July 8, 2016).

    Yesterday, Judge Lindsay denied the plaintiffs’ motion for a preliminary injunction, which allows OSHA to proceed with its enforcement of its anti-retaliation rule. Judge Lindsay found that the plaintiffs had not demonstrated a “substantial threat that irreparable harm will result if the injunction [was] not granted,” nor that “the granting of the preliminary injunction will not disserve the public interest.” Whether the rule will ultimately be upheld is yet undetermined. Judge Lindsay specifically stated that its denial of the “injunctive relief requested by Plaintiffs is not a comment or indication as to whether Defendants will ultimately prevail on the merits. This determination is left for another day.”

    Important Considerations

    Because OSHA will begin enforcing its Anti-Retaliation rules on Thursday, December 1, 2016, employers who have not yet reviewed their policies on post-accident drug testing, incident reporting, and safety incentives should do so immediately to ensure that they comply with the new rule’s requirements.