Atlantic Precast a model plaintiff in suit challenging OSHA rule’s anti-retaliation provisions

Sources: Associated Builders and Contractors, Washington, D.C.; CP staff

Atlantic Precast Concrete Inc. and two other construction-tied employers are central to a lawsuit seeking an injunction on a portion of the Occupational Safety and Health Administration’s “Improve Tracking Workplace Injuries and Illnesses” rule, effective August 10. The Tullytown, Pa.-based drainage products operator and seven co-plaintiffs request that the U.S. District Court for the Northern District of Texas declare the rule’s anti-retaliation provisions—detailed in Section 1904.35(b)(1)—as unlawful to the extent they “prohibit or otherwise limit incident-based employer safety incentive programs and/or routine mandatory post-accident drug testing programs.”

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