Federal Judge Denies Preliminary Injunction on OSHA’s New Anti-Retaliation Regulation
On Nov. 28, 2016 a federal judge in Texas cleared the way for the Occupational Safety and Health Administration’s (OSHA) new anti-retaliation regulation to take effect on Dec. 1, 2016, at least temporarily (Texo ABC/AGC, Inc., et al. v. Perez). The regulation, 29 C.F.R. § 1904.35(b)(1), requires employers to inform employees of their right to report work-related injuries free from retaliation and to establish reasonable procedures for employees to report injuries. The preamble to the rule states that many employer drug testing programs and safety incentive programs, which are prevalent in the United States, discourage the reporting of injuries and are, therefore, in violation of the new regulation. This ruling was not a decision on the merits; that will take place sometime in the future.