Reporting Rule Faces Deregulation under Trump’s OSHA, Health Groups Push Back

- According to, OSHA has requested that federal courts delay litigating a challenge to an Obama-era worker injury and illness reporting rule in order to allow new Trump Labor Department officials to review the case and likely drop the regulation.

The regulation, which requires employers to submit injury and illness data to OSHA for online publication, was challenged by industry representatives who claimed the rule was an invasive overreach. Considering the Trump administration’s new deregulatory agenda, industry groups were confident the rule would be rescinded.

Some public health interest groups, however, have sought to intervene in litigation by questioning whether OSHA now has the incentive to defend the rules disclosure requirements.

“OSHA and the Public Health Intervenors appear not to share the same objective with regards to defense of the Rule,” the group stated in a recent court filing. “Because OSHA obtains no appreciable benefit from the public disclosure of the data it obtains from employers, OSHA may not have a strong interest in maintaining a robust public disclosure document requirement.”

The challengers include the Public Citizen’s Health Research Group, the American Public Health Association, and the Center for Media and Democracy.

Some labor organizations and unions have begun marshalling a defense for the rule as well, similarly questioning OSHA’s new incentives.

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