BREAKING: OSHA reasonable reporting procedure rule is NOT enjoined!

Which means the rule will be enforced starting day after tomorrow, December 1.

Judge Sam A. Lindsay of the Northern District of Texas found in TEXO ABC/AGC, Inc. v. Perez that the plaintiffs challenging the rule had failed to show that they would suffer irreparable harm if the rule was not preliminarilyStove fire.flickrCC.StateFarmIns enjoined. He also found that the plaintiffs had failed to show that the balance of equities and public interest weighed in favor of the plaintiffs.

Judge Lindsay concluded, "That the court has denied injunctive relief requested by Plaintiffs is not a comment or indication as to whether Defendants will ultimately prevail on the merits. This determination is left for another day."

Thus, although this is a "battle" victory for the U.S. Department of Labor, it's possible that the plaintiffs will still win the "war."

We'll be back soon with more on yesterday's decision. Mega hat tip to Tommy Eden, who alerted us.

And here are links to our prior coverage of the reasonable reporting procedure rule and this lawsuit:

OSHA rule requires public reporting of injuries by employers, bans "unreasonable" requirements for employees to report

Don't panic! Employers should be able to continue most post-accident drug tests under OSHA's new "reasonable reporting procedure" rule

Employer groups sue to block OSHA's drug testing provisions

OSHA provides guidance on its new "reasonable reporting procedure" rule

OSHA DELAYS enforcement date for new anti-retaliation rule

Enforcement date of OSHA rule delayed again -- until December 1

OSHA issues guidance on how it will enforce new anti-retaliation regulation

Image Credit: From flickr, Creative Commons license, by State Farm Insurance.

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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