Employers’ legal fight against the U.S. Department of Labor and OSHA’s new electronic recordkeeping rule ratcheted up recently, with opponents asking a Texas judge to issue a nationwide injunction against the rule and the DOL calling on the judge to reject the request. According to a Business Insurance report on the case, in briefs filed last week, the parties argued over whether OSHA’s electronic recordkeeping rule, which would require certain employers to electronically submit injury and illness data that they are already required to record on their on-site OSHA Injury and Illness forms, should go into effect as planned beginning January 1st. The case centers around whether the DOL violated the Administrative Procedure Act in promulgating the rule. The plaintiffs claim that OSHA did not provide the legally required notice. The DOL countered this by arguing that the plaintiffs fail to meet the significant burden that there are “no set of circumstances exists under which the regulation is valid.”
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