ARTBA Joins Legal Challenge to OSHA Walkaround Rule

What happened: ARTBA and industry partners July 3 filed an amicus brief in Federal District Court supporting a legal challenge by a coalition of industry organizations to the Occupational Safety and Health Administration’s (OSHA) Worker Walkaround final rule, arguing the agency lacks statutory authority to enact such a broad, sweeping regulation. ARTBA also asserted the rule violates the Administrative Procedure Act by failing to provide adequate justification as to the rule’s necessity. Instead, the rule undermines employers’ rights and creates needless legal risks and uncertainties.

Why it matters: OSHA’s Worker Walkaround rule, which took effect May 31, significantly expands the parameters for who can accompany an OSHA inspector during jobsite inspections. Specifically, at the request of an employee, an OSHA inspector may allow anyone they deem “reasonably necessary.” ARTBA previously cautioned against potential unintended, negative consequences that could detract from the inspection’s primary purpose, which was to promote safety. A fact sheet on the final rule is available here.

What’s next: The government will respond to the challenger’s legal arguments, after which the court may rule or hear oral arguments. ARTBA will remain active in supporting the case. Contact Brad Sant or Prianka Sharma for more information