Critics of OSHA’s controversial rule to allow worker representatives to take part in enforcement “walkaround” inspections, even if they are not employed at the site under review, say changes to the final version did little to address their concerns, and one employer attorney says court challenges are now “all but guaranteed.”
OSHA has released the final version of its controversial rule to allow worker representatives to take part in enforcement “walkaround” inspections even if they are not employed at the site under review, making only minimal changes from the 2023 proposal while laying out counterarguments to employers’ claims that the new policy is illegal or unconstitutional.
An attorney for employers says he anticipates that OSHA will soon finalize its controversial rule to allow representatives to take part in enforcement “walkaround” inspections even if they are not employed at the site, after the regulation sped through White House review -- a move he says is almost guaranteed to bring immediate court challenges.
OSHA is petitioning the U.S. Court of Appeals for the 10th Circuit to require a Kansas-based contracting company to comply with Occupational Safety and Health Review Commission (OSHRC) orders after the firm was found liable for four OSH Act violations -- a rare step for the agency to rely on a court petition to enforce orders.
The Biden administration is asking Congress to set OSHA’s budget at $655.463 million in fiscal year 2025 as part of a pared-down budget for the Department of Labor (DOL) as a whole -- an increase from current levels but substantially below what the White House sought in prior appropriations requests.
Industry groups and unions are raising sharply contrasting arguments on OSHA’s pending final rule to allow worker representatives to take part in enforcement “walkaround” inspections even if they are not employed at the site, with employers calling the rule “unconstitutional” and demanding it be scrapped while labor groups are strongly backing it.
Employers’ attorneys are highlighting California OSHA’s (Cal/OSHA) newly released list of its most frequently cited standards in recent enforcement actions -- led by injury and illness prevention plans and outdoor heat exposure programs -- to show how the state agency’s enforcement priorities differ significantly from federal OSHA’s.
Republicans on the House Workforce Committee are renewing their attacks on OSHA’s rulemaking to revive an Obama-era policy allowing worker representatives to take part in enforcement “walkaround” inspections even if they are not employed at the site, charging that the rule “interferes in labor-management relations” as the White House has begun reviewing the final policy.
Attorneys for an industry law firm used a recent webinar to highlight what they say are likely pitfalls for employers as OSHA’s electronic recordkeeping and reporting rule comes into effect this year, including a heightened need to track injuries as they happen and the threat of repeated citations if a company fails to implement the new program.
The White House Office of Management and Budget (OMB) has begun review of OSHA’s final rule expected to revive an Obama-era policy allowing worker representatives to take part in enforcement “walkaround” inspections even if they are not employed at the site, despite warnings from industry that the regulation is legally vulnerable.