Occupational Safety & Health Reporter℠

OSHA Can Enforce Drug Testing, Incentive Limits, Judge Says

Nov. 28, 2016, 11:33 PM

OSHA can begin enforcing its rule restricting safety incentives and drug testing programs, a federal judge decided Nov. 28 (TEXO ABC/AGC v. Perez, N.D. Tex., No. 16-1998, 11/28/16).

In a 17-page order Judge Sam Lindsay of the U.S. District Court for the Northern District of Texas said that the industry organizations and employers seeking a temporary injunction against enforcing the rule had failed to show there would be irreparable harm to them if the Occupational Safety and Health Administration moved ahead with enforcing the rule.

OSHA has set Dec. 1 as its enforcement start date.

The challenged...

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