Dec. 1 enforcement deadline for recordkeeping anti-retaliation provisions remains on track

Washington – A Dec. 1 deadline remains in effect for OSHA’s enforcement of anti-retaliation provisions in its injury and illness tracking rule, after the U.S. District Court for the Northern District of Texas denied a motion that challenged the new provisions.

Eight industry groups, including the National Association of Manufacturers, American Fuel & Petrochemical Manufacturers, and Associated Builders and Contractors, filed a lawsuit in July in an attempt to block the rule. According to the groups, the anti-retaliation provisions unlawfully ban or limit safety incentive programs and post-incident drug testing.

The court ruled against the motion Nov. 28.

The provisions, announced in May, initially were scheduled to go into effect Aug. 10, but OSHA delayed the enforcement date until Nov. 10 to allow time for additional outreach to the regulated community. The agency delayed the provisions a second time on Oct. 14 after the district court asked for extra time to weigh the motion.

The provisions require employers to inform workers about their rights to report work-related injuries and illnesses without the threat of retaliation. The agency states that employers’ reporting systems also “must be reasonable and not deter or discourage employees from reporting.”