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Challenging feds’ politicization of workplace safety inspections

National Federation of Independent Business v. Occupational Safety & Health Administration (OSHA)


Contact: Joshua P. Thompson and Damien M. Schiff

Status: Notice of Voluntary Dismissal filed on April 27, 2017.
 
Summary:
PLF attorneys represent NFIB in challenging the “union walk-around” rule that OSHA has promulgated in violation of the Occupational Health and Safety Act, as well as the Administrative Procedure Act.  The rule requires private businesses to accept union activists on their property, against their consent, and even if the businesses are not unionized.  The Occupational Safety and Health Act allows inspections and investigations of workplaces, with a representative of the employer and a representative of the employee to accompany the investigator.  OSHA has arbitrarily introduced outside union activists into this inspection process, by wrongfully interpreting one of its rules to say that union participation is “reasonably necessary” — regardless of any technical or other relevant expertise the representative may have.

 

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