OSHA Delays Drug Testing, Incentive Ban Enforcement

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By Bruce Rolfsen

Oct. 19 — OSHA is delaying enforcement of its new rule limiting drug testing and restricting incentive programs until Dec. 1, the agency said Oct. 18 in a memorandum sent to its regional and area offices.

The enforcement start date had been Nov. 1.

The delay is in response to a request from a federal district judge considering whether to approve a nationwide injunction against enforcing the testing and incentive program provisions sought by several employer groups and businesses.

Because of the complicated legal issues involved, Judge Sam A. Lindsay of the U.S. District Court for the Northern District of Texas asked the Occupational Safety and Health Administration to extend the deadline to Dec. 1 to provide more time to consider the injunction request ( TEXO v. Perez , N.D. Tex., No. 3:16-cv-1998-L, 10/18/16 ).

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