Chamber of Commerce Files Suit Against OSHA’s New Walkaround Rule
Originally Published by: EHS Today — May 22, 2024
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On May 21, the Chamber of Commerce filed a lawsuit challenging OSHA's Walkaround Rule as "statutorily unauthorized and arbitrary and capricious."
As EHS Today reported on March 29, OSHA issued a final rule that gave both the employer and employees the right to authorize a representative to accompany OSHA officials during a work inspection. The final rule clarifies that workers may authorize another employee to serve as their representative or select a non-employee.
“OSHA’s new walkaround rule is the Administration’s latest regulation to take a 'whole-of-government' approach to promoting unionization at all costs,” said Marc Freedman, vice president of the U.S. Chamber of Commerce’s Employment Policy Division, in a statement.
“OSHA claims this rule is about workplace safety, but as some union organizers have publicly admitted this rule is about gaining access to nonunionized workplaces to advance their organizing campaigns."
The National Association of Wholesaler-Distributors (NAW) is one of the industry groups that joined in the lawsuit. “The Biden Administration’s commitment to being ‘the most pro-union administration in history’ must not undermine sound policy. By politicizing OSHA and favoring big labor at the expense of job creators, the Administration jeopardizes the agency’s core mission – ensuring the health and safety of workers," said Brian Wild, chief government affairs officer at NAW.
"This rule is another pro-union power grab by the Biden Administration, expanding third-parties access to NAW member warehouses during OSHA inspections for potentially personal gain, including union organizing, with no real safeguards for employers and employees.” Wild added.
The Chamber is joined by co-plaintiffs, including the Greater Waco Chamber of Commerce, Longview Chamber of Commerce, Associated Builders and Contractors, Alliance for Chemical Distribution, Associated General Contractors, International Franchise Association, International Warehouse Logistics Association, National Association of Manufacturers, National Federation of Independent Business, and National Retail Federation.