ABC challenges anti-retaliation provisions of OSHA’s electronic reporting rule

Associated Builders and Contractors and a coalition of stakeholders filed suit July 8 against the Occupational Safety and Health Administration’s final rule on “Tracking of Workplace Injuries and Illnesses,” commonly referred to as the “electronic injury reporting and anti-retaliation final rule.”

The suit immediately challenges the anti-retaliation provisions of the final rule that will limit post-accident drug testing and safety programs that contribute to construction jobsite safety. ABC is seeking to prevent these provisions from taking effect on Aug. 10.

“Associated Builders and Contractors is committed to working with our members and OSHA to create safe construction work environments,” said ABC Vice President of Health, Safety, Environment and Workforce Development Greg Sizemore. “But it’s inconceivable to those of us who study how to improve safety performance that OSHA would want to limit drug and alcohol testing as part of the investigation after an accident or near-miss incident. Root cause analysis is key to developing procedures that prevent future incidents, so we need to know whether drugs or alcohol were a factor.”

The suit was filed in the U.S. District Court for the Northern District of Texas. Additional plaintiffs include American Fuel & Petrochemical Manufacturers, Atlantic Precast Concrete Inc., Great American Insurance Company, National Association of Manufacturers, Owen Steel Company and Oxford Property Management LLC.

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