The National Association of Home Builders seeks to end a years-long lawsuit regarding a federal rule for reporting workplace injuries and illnesses and by extension eliminate a mandated employee complaint procedure, according to Bloomberg Law.
NAHB filed a motion May 17 for summary judgment outlining its objections to the rule, which took effect in 2016. NAHB says the law's requirement that employers establish a "reasonable" procedure for employees to report injuries and illnesses and a new anti-retaliation procedure and enforcement mechanism "conflict with existing procedures specifically laid out by Congress in the Occupational Safety and Health Act of 1970."
The lawsuit originally was filed in January 2017 in the U.S. District Court for the Western District of Oklahoma by NAHB and various other organizations. Since the lawsuit was filed, the Trump administration dropped a mandate for employers to send OSHA reports (Form 301) for each recorded injury and illness at a workplace and an annual log of the cases (Form 300). However, the Form 300A mandate stayed intact, allowing OSHA to cite employers for discouraging illness or injury notification.