The National Association of Manufacturers (NAM), in conjunction with other business groups, is trying to challenge OSHA’s finalized “walkaround” rule, formally called the Worker Walkaround Representative Designation Process. The organizations filed a lawsuit in the Western District of Texas to block the revised rule, which was finalized in April and goes into effect May 31.
The updated rule will allow an unlimited number of third parties, which can include union representatives, plaintiffs’ attorneys, and community organizers, to be a part of OSHA safety inspections. The NAM believes that this change fails to advance OSHA’s mission of ensuring workplace safety, goes beyond the department’s authority, and violates businesses’ rights. Revisions to the walkaround rule were proposed in August 2023, and the NAM submitted comments and urged OSHA to withdraw it.
What people are saying
In a recent quote, NAM Chief Legal Officer Linda Kelly said, “OSHA’s rule does nothing to advance its mission of improving workplace safety. This rule is well beyond the scope of OSHA’s authority, and it infringes on manufacturers’ right to exclude others from their property, threatens new liabilities and risks compromising manufacturers’ intellectual property. The NAM Legal Center is filing suit to prevent this harm.”
OSHA in the news
Glass manufacturer fined $145K for repeat safety violations, including a lack of worker training
The company was investigated in January after inspections in October and December 2022 found workers exposed to machine hazards.
Automotive supplier fined $315K by OSHA after worker is crushed to death
The company was cited for similar violations in 2022.
Modular home manufacturer fined $272K by OSHA for 27 health and safety violations
Cavco has been cited for 38 workplace safety and health violations since 2015.