On November 28, 2016, Judge Sam Lindsay in the United States District Court for the Northern District of Texas denied an employer group’s request for a nationwide injunction against the Occupational Safety and Health Administration’s enforcement of certain anti-retaliation provisions in the new final rule. As we reported previously on the Work Knowledge Blog, the employer group filed a Complaint for Declaratory and Injunctive Relief in July in the Northern District of Texas, captioned TEXO ABC/AGC, Inc., et al. v. United States Sec’y of Lab., Civil Action No. 3:16-cv-01998-D. The Complaint challenged the new final rule to the extent it prohibited or limited safety incentive programs and/or mandatory post-accident drug testing programs.
After considering briefing by both the employer group and the Secretary of Labor on the court’s authority to issue a nationwide injunction, among other issues, Judge Lindsay held that the employer group failed… Continue Reading