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U.S. District Court for the Western District of Texas

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OSHA’s 'Walk-Around' Regulation Is Government-Imposed Trespassing U.S. Chamber Sues the Occupational Safety and Health Administration Over Walkaround Rule

Case Updates

U.S. Chamber files coalition lawsuit challenging Occupational Safety and Health Administration’s Walkaround Rule as statutorily unauthorized and arbitrary and capricious

May 21, 2024

Complaint

The Chamber and other business groups filed suit in federal court over a new Occupational Safety and Health Administration (OSHA) regulation giving union organizers, activists, plaintiffs’ attorneys, and even competitors access to employer worksites during routine OSHA inspections.

Why it matters: OSHA’s “walkaround rule” opens the door for unions and other third parties to literally walk around private employer worksites, including nonunionized ones, under the guise of "assisting" OSHA inspectors. Federal law permits employee representatives to accompany the inspectors. This was limited to employees with some exceptions until OSHA’s new regulation eliminated any meaningful restrictions.

    OSHA claims this rule is about workplace safety, but some union organizers have publicly admitted the rule is about gaining access to nonunionized workplaces to advance their organizing campaigns.

      Our take: “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 Chamber’s Employment Policy Division.

      Noel J. Francisco, Brett A. Shumate, Jacqueline M. Holmes, Charles E.T. Roberts, Louis J. Capozzi III, and Jonathan D. Guynn of Jones Day served as outside counsel.

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