OSHA has delayed enforcement of the anti-retaliation provisions in its electronic injury reporting final rule from Aug. 10 to Nov. 1. Just days before the announcement, Associated Builders and Contractors (ABC), TEXO and a coalition of stakeholders filed a lawsuit challenging the rule’s anti-retaliation provisions, which will limit some forms of post-accident drug testing and safety incentive programs by deeming them to be unlawfully retaliatory.

According to ABC Vice President of Health, Safety, Environment and Workforce Development Greg Sizemore, “Root cause analysis is key to developing procedures that prevent future incidents, so we need to know whether drugs or alcohol were a factor. We also object to OSHA’s attempt to restrict or eliminate programs that recognize workers for helping establish a high-performance safety culture.”

The lawsuit was filed in the U.S. District Court for the Northern District of Texas. Additional plaintiffs include American Fuel & Petrochemical Manufacturers, Atlantic Precast Concrete Inc., Great American Insurance Company, National Association of Manufacturers, Owen Steel Company and Oxford Property Management LLC.

The final rule’s reporting requirements are still scheduled to take effect Jan. 1, 2017.