Preliminary Injunction Denied as to OSHA Anti-Retaliation Rules

On May 12, 2016, new anti-retaliation rules published by OSHA were reviewed in this blog in an article entitled “What Employers Need to Know About OSHA’s New Anti-Retaliation Regulations!” The new rules were initially scheduled to become effective on August 10, 2016. On July 8, 2016, however, a lawsuit (Texo ABC/AGC, Inc. et al v. Perez, Civil Action No. 3:16-cv-01998-D) was filed by multiple industry plaintiffs in the U.S. District Court for the Northern District of Texas seeking to enjoin the implementation of the new rules. The suit alleges the new rules “are unlawful to the extent that they prohibit or otherwise limit incident-based employer safety programs and/or routine mandatory post-accident drug testing programs.” This suit prompted OSHA to push the effective date of the rules to December 1, 2016.


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