WASHINGTON – The Occupational Safety and Health Administration (OSHA) said the agency will delay enforcement of the anti-retaliation provisions in its injury and illness tracking rule until Dec. 1. The delay, which was requested by the US District Court for the Northern District of Texas, will allow more time for consideration of a motion challenging the new provisions.
In July, several employer groups challenged some parts of the anti-retaliation provisions related to limits on safety incentive and drug testing programs that could result in workers not reporting workplace illnesses or injuries. The rule requires employers to inform workers of their right to report work-related injuries and illnesses without fear of retaliation; implement procedures for reporting injuries and illnesses that are reasonable and do not deter workers from reporting; and incorporate the existing statutory prohibition on retaliating against workers for reporting injuries and illnesses, OSHA said.
The anti-retaliation rules originally were set to begin Aug. 10, but OSHA pushed the deadline to Nov. 10 to allow time for regulated industries to review workplace policies.
The case is TEXO ABC/AGC, Inc., et al. v. United States Sec’y of Lab., Civil Action No. 3:16-cv-01998-D.