Motion Denied for Injunction Against OSHA Anti-Retaliation Rule

Construction Dive reports that a federal judge in Texas has denied a motion for an injunction that was filed by construction and manufacturing groups against the “anti-retaliation” provision of the Occupational Safety and Health Administration’s (OSHA) new electronic recordkeeping rule. This provision, effective as of December 1st, prevents employers from automatically drug testing workers after an accident unless drugs are suspected to have been a contributor. OSHA has stated that this provision will encourage workers to report injuries and illnesses without fear of reprisal. The industry groups that filed the motion for the injunction (the plaintiffs) believe the rule will prevent employers from effectively carrying out routine drug tests and other safety programs. But according to the judge, the plaintiffs did not show how the provision would cause “irreparable harm” and so the motion was denied.