Manufacturers Challenge OSHA’s Walkaround Rule

The National Association of Manufacturers and a group of business organizations filed a lawsuit May 21 challenging OSHA’s final rule amending the worker walkaround designation process. 

In the final worker walkaround rule, DOL officials said employees may authorize another employee or nonemployee third party to serve as their representative during an inspection even if the business is non-unionized. 

It was set to take effect May 31, 2024. 

The NAM Legal Center filed suit in partnership with other industry groups in the Western District of Texas to block the rule.

“OSHA’s rule does nothing to advance its mission of improving workplace safety,” NAM chief legal officer Linda Kelly said. 

“This rule is well beyond the scope of OSHA’s authority, and it infringes on manufacturers’ right to exclude others from their property, threatens new liabilities, and risks compromising manufacturers’ intellectual property.”

Walkaround Rule

OSHA’s walkaround regulation has been in effect for more than half a century.

Prior to 2013, only an employee could serve as another employee’s representative during an OSHA inspection. 

OSHA’s final rule says employees may choose another employee or nonemployee to serve as their representative.

In the last decade, the rule has been challenged a number of times amid questions about whether a nonemployee association with a union or community organization could serve as a representative during the inspection. 

OSHA’s final rule says employees may choose another employee or nonemployee to serve as their representative.

It adds that the non-employee representative must be “reasonably necessary to conduct an effective and thorough physical inspection of the workplace” because of their knowledge, skills, or experience.