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OSHA Sued Over Drug-Test Limit In Accident Reporting Rule

Law360, Los Angeles (July 11, 2016, 11:50 PM EDT) -- The National Association of Manufacturers, Associated Builders and Contractors Inc. and similar groups sued the Occupational Safety and Health Administration in Texas federal court on Friday over the agency's workplace injury and illness reporting rule, saying the measure contains anti-retaliation provisions that go too far in limiting post-accident drug-testing.

The suit contends the rule’s treatment of post-incident or post-accident drug and alcohol screenings limits an employer's ability to investigate accidents. OSHA’s rules require employers to publicly report all incidents and bars them from retaliating against employees who report an accident. 

“There is no reliable evidence to support OSHA’s assertion that any...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Texas Northern

Nature of Suit

Other Statutes: Administrative Procedure Act/Review or Appeal of Agency Decision


Subscribers Only

Date Filed

July 8, 2016

Law Firms


Government Agencies