ARTBA Members Meet with OMB on WOTUS, OSHA “Walkaround” Proposal

What happened: ARTBA and members met July 27 with the White House Office of Management and Budget (OMB) on two crucial issues: an upcoming revised rule by the Environmental Protection Agency (EPA) on Waters of the United States (WOTUS) and the Occupational Safety and Health Administration’s (OSHA) “walkaround” proposal.

ARTBA and its allies also wrote July 24 to the EPA and the Army Corps of Engineers, criticizing its WOTUS rulemaking process.

Why it matters: EPA and the Corps sent a revised WOTUS rule to OMB for review. ARTBA and its members expressed concern that the rule is being rushed, and not responsive to the U.S. Supreme Court’s May 25 Sackett vs. EPA decision, which limited the agency’s authority. The letter outlines several areas of concern, reiterating that roadside ditches should not be subject to permitting requirements.

ARTBA members also shared concerns about a now-rescinded OSHA memo proposing union representatives be present during OSHA inspections at non-union facilities. The “walkaround” rule would create security problems for contractors and expose union representatives to potential proprietary information and trade secrets. It also would distract from an inspection’s purpose – ensuring worker safety.

What’s next: OMB is reviewing EPA’s latest WOTUS rule and OSHA’s “walkaround” rule, prior to publication by each agency. Members concerned about these proposals should contact ARTBA’s Prianka Sharma or Brad Sant.