Rely on Occupational Safety & Health ReporterSM for full news coverage and documentation of federal and state workplace safety and health programs, standards, legislation,...
OSHA is no longer insisting it has the right to invite union advocates to inspections of non-union worksites, according to an April 27 federal court notice filed by the National Federation of Independent Businesses.
The Occupational Safety and Health Administration’s change of position is “a complete victory and we are very happy with it,” attorney Joshua P. Thompson of the Pacific Legal Foundation, which represented the federation, told Bloomberg BNA April 27 ( Nat’l Fed’n of Indep. Bus. v Dougherty , N.D. Tex., No. 16-2568, 4/27/17 ).
The federation had asked the U.S. District Court for the Northern District of Texas to overturn a policy set in a 2013 interpretation letter from OSHA. The interpretation letter addressed which people not associated with the employer or government can be selected by compliance officers to accompany them on inspections.
The letter changed OSHA procedures so broadly that the revision should be considered a rule change subject to public review before taking effect, the federation argued.
On April 27, the federation filed a notice of voluntary dismissal with the U.S. District Court for the Northern District of Texas.
The federation’s attorneys said in the notice that OSHA had notified them that the letter had been rescinded and that the guidance would be removed from OSHA’s manual on how staff should conduct inspections.
Later on April 27, the court dismissed the case.
Thompson said the judge hearing the case, District Judge Sidney Fitzwater, had indicated in a Feb. 3 ruling that he believed the new policy was, in fact, a rulemaking that should have gone through a public notice and comment period.
Thompson believes Trump administration officials decided not to appeal the Feb. 3 ruling, leaving nothing for OSHA to challenge.
OSHA did not immediately respond to Bloomberg BNA’s request for comment.
To contact the reporter on this story: Bruce Rolfsen in Washington at BRolfsen@bna.com
To contact the editor responsible for this story: Paul Connolly at PConnolly@bna.com
The notice of dismissal is available at http://src.bna.com/ojO.
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)