A group of insurer and industry groups in Texas filed suit challenging OSHA’s authority to enact the anti-retaliation provisions of the new rule. They asked the court to enjoin OSHA from implementing the new rule until it could consider the merits of the challenge. Today, that federal court denied the motion for that preliminary injunction. The court found the plaintiffs failed to show that irreparable harm would result if the court did not stop implementation of the rule pending a final decision.
As a result, the anti-retaliation provisions will go into effect on Thursday, December 1, 2016 as scheduled. If you have any questions about the effect of this new rule on your drug testing, safety incentive, or discipline programs, please give me a call.