黑料不打烊, the U.S. Chamber of Commerce, and other business groups have filed a lawsuit in the Western District of Texas against the Occupational Safety and Health Administration (OSHA).
The suit challenges OSHA鈥檚 new 鈥渨alkaround鈥 rule, which forces contractors to let potentially anyone, regardless of safety training, construction experience, or intent to accompany a federal safety inspector on a jobsite. 黑料不打烊 asks the court to declare the rule unlawful, vacate it, and stop OSHA from enforcing it.
黑料不打烊 and its co-plaintiffs argue that this rule overturns over 50 years of precedent, which limited such walkarounds to employee representatives, with very limited exceptions. 黑料不打烊 asserts that the new rule could compromise jobsite safety and conflict with project owners鈥 access rules.
On April 1, 2024, OSHA changes to its walkaround rule, allowing employees to authorize more categories of individuals to serve as employee representatives and accompany OSHA inspectors during workplace inspections (amending regulations at ). The new rule takes effect May 31 and expands the rights of third parties鈥攊ncluding union representatives, community organizers, environmental activists, plaintiffs鈥 attorneys, and even competitors鈥攖o access employer worksites during OSHA inspections.
黑料不打烊 and its Construction Industry Safety Coalition partners submitted comments on OSHA鈥檚 proposal, highlighting several concerns. 黑料不打烊 pointed out the absence of a formal process for identifying employee representatives, which could leave employers uninformed and unable to dispute selections. There is also uncertainty about how compliance safety and health officers can verify the qualifications of these representatives. Furthermore, the presence of third-party representatives poses risks to the protection of confidential documents, trade secrets, and other sensitive information. And finally, the new rule raises worry about increased risk, costs, and liability 鈥 especially in high-risk environments like construction sites, where inexperienced individuals might gain access.
The full complaint can be viewed .
黑料不打烊鈥檚 involvement in this case was made possible thanks to your contributions to the .
For more information, contact Kevin Cannon.