The Occupational Safety and Health Administration (OSHA) has once again delayed enforcement of its new record-keeping rule that would, among other things, limit an employer’s ability to conduct postaccident drug and alcohol testing.
As first reported by McAfee Taft attorney Paige Hoster Good, OSHA agreed to delay enforcement of the rule until December 1, 2016. The rule had been scheduled to take effect on November 1, a date settled on after the rule was first scheduled to take effect on August 10.
The first delay was the result of a lawsuit challenging the new rule filed in a Texas federal court. The court suggested the latest delay so that the parties to the lawsuit could more fully argue their positions and the court could decide whether the rule should take effect.
In addition to limiting employers’ ability to conduct postaccident drug and alcohol testing, the rule would require employers to electronically submit their injury and illness data, which OSHA would then publish online. The rule also includes certain workers’ rights provisions, and it places limits on employer safety incentive programs that are deemed to potentially discourage employees from reporting injuries and illnesses.
McAfee Taft attorneys serve as the editors of Oklahoma Employment Law Letter.