Court denies unions’ bid to intervene in case against OSHA’s electronic reporting rule

Judge says Unions, OSHA on the same side of the argument

Posted June 29, 2017

A judge for the U.S. District Court for the Western District of Oklahoma ruled against two unions who wanted to intervene in a suit brought against OSHA’s electronic injury reporting rule. Industry groups took OSHA to court over several aspects of the rule, including OSHA’s plan to make companies’ injury and illness data public, and the “anti-retaliation” provisions, which prohibit employers from retaliating against employees who report injuries and illnesses.

The unions, worried that OSHA would not adequately defend the case, asked to be allowed to argue in favor of the rules should OSHA choose not to. However, in early June, OSHA filed a motion to keep the unions from intervening in the case.

In denying the union’s request, the judge said there was no evidence that OSHA wasn’t capable of defending its own rule.

Note that OSHA delayed the initial July 1st reporting date until December 1, 2017, and has promised to issue a separate proposal to address the anti-retaliation provisions in the rule.

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