OSHA has announced that it will delay the implementation of its new anti-retaliation rule from August 10 to November 1, 2016, in order “to conduct additional outreach and provide educational materials and guidance for employers.”

This announcement also comes amid legal challenges to the new rule. As we previously noted, OSHA’s new rule is controversial in many respects. Most notably, OSHA has taken the position that some safety incentive programs may run afoul of the new rule. Even more controversial, OSHA has taken the position that mandatory post-accident drug testing may violate the rule as well. The extra time for enforcement of the rule will give employers more opportunity to consider OSHA’s new “outreach and educational materials” before modifying any company policies, if necessary. We do not anticipate any changes to the basic requirements of the rule. We will provide further updates as OSHA releases its guidance.