OSHA delays new injury and tracking rule enforcement after negative responses

Under the rule, employers are required 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.
 

After originally announcing the rule’s implementation date of August 10, the Associated Builders and Contractors (ABC), along with several stakeholders, filed suit against OSHA that challenged the anti-retaliation provisions of the final rule that will limit post-accident drug testing and safety programs that contribute to construction job safety.
 

“Associated Builders and Contractors is committed to working with our members and OSHA to create safe construction work environments,” said ABC Vice President of Health, Safety, Environment and Workforce Development Greg Sizemore. “But it’s inconceivable to those of us who study how to improve safety performance that OSHA would want to limit drug and alcohol testing as part of the investigation after an accident or near-miss incident. Root cause analysis is key to developing procedures that prevent future incidents, so we need to know whether drugs or alcohol were a factor.”
 

“We also object to OSHA’s attempt to restrict or eliminate programs that recognize workers for helping to establish a high-performance safety culture. This part of the rule could well prevent employers from recognizing safety accomplishments,” said Sizemore.
 

The suit was filed in the U.S. District Court for the Northern District of Texas. Additional plaintiffs include American Fuel & Petrochemical Manufacturers, Atlantic Precast Concrete Inc., Great American Insurance Company, National Association of Manufacturers, Owen Steel Company and Oxford Property Management LLC.

 

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.