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As many employers know, OSHA recently adopted new rules intended to eliminate discrimination and retaliation against employees who reported workplace injuries and illnesses. The impact of those new rules is to effectively ban across-the-board post-incident drug and alcohol testing policies. US District Court Judge Sam Lindsay in the matter of Texas ABC/AGC, Inc., et al., v. Thomas E. Perez, Secretary of Labor, US Department of Labor, Cause No. 3:16-CV-1998-L recently denied Plaintiffs’ request for a preliminary injunction to prevent the enforcement of the new rules. As a consequence, effective December 1, 2016, these new rules will go into effect, however it is unclear whether they will be enforced given the limited amount of time before the inauguration of President-elect Trump who has promised fewer regulations on business and a return to law and order. A copy of Judge Lindsay’s Memorandum Opinion and Decision can be viewed here.