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Industry Group Files Suit to Block Anti-Retaliatory Provision of OSHA Injury Reporting Rule

Prepared for the Katten Safety Advisory Group
Advisory | July 12, 2016

On July 8, 2015, a coalition of industry groups, including the National Association of Manufacturers, the American Fuel & Petrochemical Manufacturers, and Great American Insurance Company, filed a lawsuit in the U.S. District Court for the Northern District of Texas seeking a preliminary injunction of U.S. Occupational Safety and Health Administration ("OSHA") enforcement of the anti-retaliation provision included in subparagraphs 1904.35(b)(1)(i), (iii), and (iv) of the agency’s final rule titled "Improve Tracking Workplace Injuries and Illnesses" before the rule takes effect on August 10, 2016. See 81 Fed. Reg. 29,624 (May 12, 2016), as revised at 81 Fed. Reg. 31,854 (May 20, 2016). The industry coalition is also asking the court to deem the provision unlawful, alleging that OSHA failed to follow the proper rulemaking procedure under the Administrative Procedure Act ("APA") and that the rule exceeds OSHA's statutory authority under the Occupational Safety and Health Act ("OSH Act")....

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