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Volume XII, Number 275

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Federal Court Denies Motion For Preliminary Injunction Of Anti-Retaliation Provisions of OSHA Reporting Rule

Yesterday, a federal judge denied a preliminary injunction filed by several businesses and business groups regarding the anti-retaliation portion of OSHA’s final rule regarding injury and illness reporting.  As previously discussed in this blog, the final rule generally requires employers to submit certain injury and illness information electronically.  The final rule also enhances anti-retaliation protections to encourage reporting injuries and illnesses in the workplace by (1) forbidding employers from discriminating against an employee for reporting a work-related injury or illness; (2) requiring employers to implement reasonable reporting methods that do not deter employees from reporting; and (3) requiring employers to inform employees of their right to report free from retaliation.

The plaintiffs sought a preliminary injunction of part of the anti-retaliation provision of the OSHA rule, claiming that the final rule unlawfully limited certain employer safety incentive programs and drug testing programs.

The court denied the motion, concluding that the plaintiffs had failed to show that they would suffer irreparable harm if the anti-retaliation rule took effect before the court had ruled on the merits. The court concluded by noting:  “That the court has denied injunctive relief requested by Plaintiffs is not a comment or indication as to whether Defendants will ultimately prevail on the merits.  This determination is left for another day.”  Thus, the court will consider at a later date the plaintiffs’ substantive challenge to the anti-retaliation rule.

OSHA has previously stated that it would stay enforcement of the anti-retaliation provision until tomorrow, December 1, 2016, due to the pending challenge. OSHA has not made any public statement about making an additional extension.  Companies should therefore prepare to comply with the provisions of the anti-retaliation rule beginning tomorrow.  As noted previously, the recording and reporting requirements of the OSHA rule will not begin to take effect until March 2, 2017.

© 2022 Proskauer Rose LLP. National Law Review, Volume VI, Number 335
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About this Author

Steven D Hurd, Employment arbitrator Attorney, Proskauer Rose Law Firm
Partner

Steven D. Hurd is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration Practice Group and Media & Entertainment Industry Group.

For nearly 20 years, Steve’s practice has been concentrated in the area of employment litigation. He provides advice to clients concerning litigation avoidance, litigation strategy, and alternative forms of dispute resolution. Steve has extensive trial and appellate experience, in both federal and state courts focusing on claims of alleged individual and...

212-969-3985
Daniel J Davis, Proskauer Law Firm, Labor Employment Attorney
Special Counsel

Daniel J. Davis is Special Labor & Employment Law Counsel in the Labor & Employment Law Department, resident in the Washington, DC office. He represents employers in a range of employment and labor issues, including equal employment, whistleblower and wage payment laws administered by the Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board. He litigates class and collective claims, including claims under Title VII, the ADEA, ERISA, NLRA and the FLSA. He represented The Boeing Company in a high-profile case by the National Labor Relations...

202-416-6815
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