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Anti-Retaliation Rule Has Taken Effect, December 1

Yesterday was the final day that the Texas lawsuit against the OSHA anti-retaliation and discrimination rule could have pushed off the rule to a later date. However, a judge denied the preliminary injunction that would have delayed the enforcement from taking effect as scheduled. As a result of this ruling. the final rule went into effect on December 1, 2016.

This final rule has been a battle through the court system and was originally scheduled to go into enforcement August 10. An injunction was granted which first delayed the rule to November 1 and then again to December 1. 

As you may recall, this final rule has been particularly controversial due to the fact that OSHA has taken a stance against blanket policy drug testing and safety incentive programs as they see these controls as a deterrent for an individual to report a work place injury. Additionally, going forward employees can now report post-accident discrimination for a longer period of time.

Will this final rule stand? The lawsuit will continue in Texas with plaintiffs hopes to have the rule deemed unlawful and indefinitely suspended.


OSHA 300 and 300A Form Compliance
Webinar, December 15th
Topics: Safety / Compliance Manufacturing