On Nov. 28, three days before the scheduled implementation of the Occupational Safety and Health Administration’s Recording and Reporting Occupational Injuries and Illness Rule, a Texas federal judge denied a request by the National Association of Manufacturers, the Associated Builders and Contractors Inc. and other entities for an injunction to block certain portions of the rule, including provisions that will have a major impact on employers conducting drug and alcohol testing following a workplace-related accident. Texo ABC/ABG v. Perez (N.D. Tex. Nov. 28, 2016).
Although the court’s ruling is not an indication of whether OSHA will ultimately prevail on the trade associations’ challenge of the regulations, and the provisions may still be struck down, employers must nonetheless act now, since the court gave OSHA the green light to begin enforcement of the rule.
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