The U.S. Department of Labor is suing a Delaware-based company for its immediate injury reporting rules, which could be another blow to opt-out employers, most of whom share the policy. The new action, first reported by WorkCompCentral, challenges the legality of immediate reporting under the Occupational Safety and Health Act, and says that penalizing workers that fail to report workplace injuries within a narrow window (often 24 hours) constitutes retaliation. In this case, according to court documents, U.S. Steel did not define either “injury” or “immediately” in its published safety manual. The case demonstrates further discomfort with the opt-out concept as interest grows around the country. Industry watchdogs have eyes on Oklahoma in particular. The Oklahoma Workers’ Compensation Commission (WCC) ruled late last month that the opt-out system is unconstitutional in Vasquez v. Dillard’s, a decision Dillard’s has appealed to the state’s Supreme Court.