OSHA in Lawsuit Over Electronic Record Keeping and Anti-Retaliation Polices
A lawsuit was filed January 4th against OSHA and the Department of Labor
The National Association of Home Builders and several other industry groups are attempting to sue over what they call an “unlawful and arbitrary rule” that will require employers to electronically submit their safety data which will then be made public on the OSHA website. The group claims that OSHA has no authority to issue the Improve Tracking of Workplace Illness and Injuries final rule which states that employers with at least 250 workers must electronically submit their OSHA data from OSHA Forms 300, 300A and 301 annually. Establishments with 20 to 249 employees in certain high-hazard industries are required to submit information from their annual summary form, OSHA Form 300A.
Also under fire is the new anti-retaliations policies. NAHB Chairman Ed Brady said in a press release
“We also have serious concerns about the anti-retaliation portion of the rule, which would allow OSHA inspectors to cite an employer without needing a complaint from a worker – this is a clear overreach of authority as it goes against Congress’s carefully constructed mechanism to address retaliation that is specifically set forth in the OSHA statute.”
This has not been the first time either of these policies have taken fire. Back in July eight other organizations attempted to block the ruling however, a U.S. District court denied the motion on November 28th.