Safety  
Enforcement of OSHA  
Reporting Rule Delayed  
he controversial Occupational etary information for publication on a  
Safety and Health Administra- publicly available online database,” the  
tion (OSHA) rule that would complaint reads.“There is no evidence  
force companies to make all of their that publication of this information  
injury and illness data public has been will have any effect on workplace safety  
CREST 175  
T
STANDARD DOORS  
indefinitely delayed.  
and health.The limited authority given  
The new rule, which requires em- OSHA by Congress to require employ-  
ployers in high-hazard industries, ers to collect and maintain injury and  
including manufacturing and con- illness data cannot be read to allow  
struction, to send injury and illness the agency to force employers to make  
data straight to OSHA every year for public this information in violation of  
public posting on the agency’s website, their constitutional rights. Further, the  
was supposed to go into effect on July 1. rule violates the Fifth Amendment by  
However, OSHA posted in May that failing to provide employers adequate  
SUMMIT 200  
THERMAL DOORS  
MERIDIAN 450  
THERMALLY BROKEN  
STOREFRONT  
it’s not accepting that data right now.  
notice of what constitutes ‘reasonable’  
OSHA is not accepting electronic reporting procedures, subjecting em-  
submissions of injury and illness logs ployers to citation and potentially sig-  
at this time, and intends to propose ex- nificant penalties without providing  
tending the July 1, 2017 date by which due process of law.”  
PINNACLE 600  
certain employers are required to sub-  
In July 2016, a coalition of business  
HIGH PERFORMANCE  
CURTAIN WALL  
mit the information from their com- groups, including Associated Build-  
pleted 2016 Form 300A electronically,” ers and Contractors and the National  
the statement reads.  
Association of Manufacturers, filed a  
OSHA spokeswoman Mandy lawsuit in U.S. District Court for the  
Kraft told The Washington Post that the Northern District of Texas challenging  
agency delayed the rule to address em- the anti-retaliation provisions of the  
ployers’“concerns about meeting their reporting regulation. The groups say it  
COMPETITIVELY PRICED  
SHORT CYCLE LEAD TIMES  
reporting obligations” on time.  
“will limit post-accident drug testing  
But the announcement of delayed and safety programs that contribute  
enforcement comes as the new regula- to jobsite construction safety,” such as  
INDEPENDENTLY TESTED TO  
INDUSTRY STANDARDS  
tion is facing two legal challenges.  
contests that give prizes to workers for  
In January, the National Associa- injury-free days.  
INSTALLS FASTER AND WITH  
FEWER COMPONENTS  
tion of Home Builders (NAHB), the  
The rule bans post-accident drug test-  
U.S. Chamber of Commerce and other ing because the agency thinks it might  
groups sued OSHA over the new rule, make employees think twice about going  
which is called “Improve Tracking of on the record with injury claims.  
Workplace Injuries and Illnesses.”  
The electronic submittal process  
The lawsuit claims that the regula- was originally scheduled to be phased  
tion is “arbitrary, capricious, and oth- in over three years. It will affect all  
erwise contrary to law.” The plaintiffs establishments with more than 250  
also say it violates the first and fifth employees and establishments in high-  
EXTRUDED BY INDUSTRY LEADER  
APEX ALUMINUM EXTRUSIONS  
amendments of the Constitution.  
risk industries with 20-249 employees.  
The rule violates the First Amend- Each establishment can submit data,or  
ment by compelling companies to a corporation can submit all data from  
submit their confidential and propri- its units. s  
Learn more at apexfacades.com  
26  
USGlass, Metal & Glazing | July 2017  
www.usglassmag.com  

USGlass
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