OSHA Delays New Rules a Second Time
This past May, the AAA published an advisory to members alerting them of the new OSHA injury reporting requirements for employers starting this August 10, 2016. The United States Department of Labor (USDOL) announced in June that they would be delaying the implementation of the new anti-retaliation requirements until November 1, 2016 because they wanted to have more time to “perform education and outreach.” Yesterday the USDOL published an advisory stating it will further delay the implementation of the anti-retaliation provisions of the new rules because the U.S. District Court for the Northern District of Texas has requested additional time to consider a motion challenging the new provisions.
The motion being considered by the U.S. District Court was filed by Coalition of businesses that objected to the new rules for several reasons but principally because OSHA exceeded its authority given by Congress in publishing these new regulations and that they did not follow the Administrative Procedures Act (APA) by providing adequate notice of its intent to adopt the new rules. In addition, the Coalition claims that OSHA failed to demonstrate that the rules are reasonably necessary to effect the purpose of the law and that it places an undue burden on employers.
It is not clear how the U.S. Court will rule on the motion. However, employers should be prepared as a third delay is unlikely and December 1st will be here quickly. For details on what is now required, review the final rule to ensure that your service had made the necessary changes. If you need assistance or guidance on what your service needs to do to prepare for the new, please contact the AAA.
Have an HR or operations question? Send it to Scott Moore, Esq.