As discussed here, the federal Occupational Safety and Health Administration (OSHA) has finalized a new rule allowing workers to designate a third person to accompany any OSHA inspector during a facility inspection. The new rule took effect May 31, 2024, and was immediately challenged in federal court (Western District of Texas) by a coalition of businesses lead by the U.S. Chamber of Commerce.
The new rule allowing non-employee representatives (aka union organizers) to assist an OSHA inspector is being challenged on numerous fronts including allegations the rule violates the Administrative Procedures Act, the Fifth Amendment of the U.S. Constitution, the Regulatory Flexibility Act and exceeds the limitations of OSHA’s statutory authority under the Occupational Health and Safety Act.
Absent court action on the Chamber’s request for declaratory and injunctive relief, the new rule remains in effect. Western Growers will continue to monitor this issue and provide updates.