Rely on Occupational Safety & Health ReporterSM for full news coverage and documentation of federal and state workplace safety and health programs, standards, legislation,...
The rule also restricts safety incentive and drug testing programs that could encourage workers not to report on-the-job injuries and illnesses.
The order gives attorneys from the Department of Labor and several employer groups challenging the rule until July 5 to submit a proposed summary judgment briefing schedule ( TEXO ABC/AGC v. Perez , N.D. Tex., No. 16-1998, 4/3/17 ).
July 5 is also the deadline for DOL attorneys to respond to requests from public and industrial health organizations to intervene in the case supporting the rule, the order says. Worker safety organizations are concerned the Trump administration OSHA won’t adequately defend the rule.
Judge Sam Lindsay of the U.S. District Court for the Northern District of Texas issued the order.
The DOL is also seeking a 60-day delay in a similar court challenge filed by the National Association of Home Builders and others. As of April 4, no decision had been made in that case ( Nat’l Ass’n of Home Builders v. Perez , W.D. Okla., 17-0009, 1/4/17 ).
The rule, issued May 12, requires about 466,000 employers to electronically file with OSHA by July 1 summaries of their OSHA form 300A logs tracking recordable injuries and illness for 2016 (81 Fed. Reg. 29,624). OSHA would then post data from the logs on its public website.
The rule (RIN:1218-AC49) is widely opposed by employer organizations for mandating the end of incentive and testing programs that they believe improve safety. The employers also object to their injury and illness records being made available to anyone.
Unions and other worker advocates back the incentive and testing restrictions as ways to prevent companies from ostracizing workers who raise concerns. Making injury and illness data easily available will allow people outside the company to see how employers compare to each other, the advocates say.
Two sets of employers will have to comply with the electronic record-keeping provisions; all establishments with 250 or more workers—about 34,000 locations—and another 432,000 establishments in designated high-hazard industries with 20 to 249 workers.
The high-hazard industries include construction, manufacturing, wholesale trade, utilities, agriculture, forestry, fishing, hunting and about 60 smaller industry groups, including grocery and department stores, many types of residential health-care facilities, freight trucking and warehousing.
To contact the reporter on this story: Bruce Rolfsen in Washington at BRolfsen@bna.com
To contact the editor responsible for this story: Larry Pearl at firstname.lastname@example.org
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)