Judge declines to delay OSHA anti-retaliation rule

A federal judge has denied an industry request to delay enforcement of a new OSHA anti-retaliation rule designed to protect workers against reprisals for reporting injuries or illnesses.

The rule – and the guidance OSHA has issued about complying with the rule – can have a substantial impact on how employers conduct drug testing after an accident, set up safety incentive programs, and create requirements for employees about reporting accidents.

Industry groups filed suit against the rule and went to a federal judge in Texas to ask for a preliminary injunction to prevent the rule from going into effect as scheduled on Dec. 1.

But the judge declined the request, saying the industry representatives hadn’t shown that they would be caused “irreparable harm” if the rule took effect as scheduled. The ruling doesn’t preclude the industry from continuing its lawsuit against the rule.

 Details about the rule and the impact it can have may be found here.