OSHA Postponing the Postponement

October 21, 2016

JD Supra writes that OSHA announced Wednesday that it is once again delaying enforcement of the anti-retaliation provisions of its new "Reasonable Reporting Procedure" rule.

The new effective date is December 1.

The rule was originally scheduled to go into effect on August 10, but was delayed until November 1 to allow OSHA to provide guidance to the public in the form of Frequently Asked Questions or a Compliance Directive.

OSHA has now agreed to "postpone the postponement" by another month in response to a request by the US District Court, Northern District in Dallas, Texas that will be ruling on a challenge to the anti-retaliation requirements, and especially their effect on post-accident drug testing and safety incentive programs.

A number of employers and employer groups including the National Association of Manufacturers, AGC of America, and Associated Builders and Contractors have filed suit in a federal court in Texas seeking to block parts of the new OSHA rule originally set to take effect in August.

The court said that it needed additional time to be able to issue a ruling. The industry plaintiffs want the court to block OSHA from enforcing the new provisions while the case is pending.