U.S. Chamber of Commerce, coalition challenge OSHA Walkaround Inspection Rule

Client(s) U.S. Chamber of Commerce and coalition of industry groups

Jones Day filed a complaint on behalf of a coalition of industry groups, led by the U.S. Chamber of Commerce, challenging the Occupational Safety and Health Administration's (OSHA) Worker Walkaround Representative Designation Process rule. The new rule authorizes an unlimited number of third parties to access employer worksites during OSHA inspections, including union organizers, plaintiffs' attorneys, and environmental activists. The plaintiffs argue that the rule violates the Administrative Procedure Act because it exceeds OSHA's limited walkaround authority and is arbitrary and capricious in numerous respects. Plaintiffs also argue that by conferring a right to access private property to third parties, the rule effects takings without just compensation to employers under the Fifth Amendment.

Chamber of Commerce v. OSHA, No. 6:24-cv-0217 (W.D. Tex.)