Keep track of changes at OSHA, part 1: Regulatory update, 2023-2024

This is part one of a two-part update on changes at the Occupational Safety and Health Administration (OSHA). Part one discusses the regulatory changes OSHA made during fiscal year (FY) 2024. The most recent regulatory changes at OSHA have been the Employee Representative Walk-Around Rule (effective May 31, 2024), the Proposed Emergency Response Standard (published February 5, 2024, and set for a hearing on November 12, 2024), and the Proposed Indoor and Outdoor Heat Injury and Illness Prevention Standard (published August 30, 2024, with comment period until December 30, 2024).

Walk-around rule

The walk-around rule that appears to allow OSHA to bring in a union agent to a nonunion plant—or a plaintiff’s attorney without prior authorization or warning—is the subject of a lawsuit by the U.S. Chamber of Commerce in the Western District of Texas. The Chamber has filed a motion for summary judgment (dismissal without a trial) to strike down the rule, and the government has filed a cross motion saying the employer organizations have no standing because nothing has happened to their members. Also, the government is arguing OSHA is entitled to deference in the interpretation of the statute. The Chamber has replied.

One can only hope the court will grant the Chamber’s motion for summary judgment, but in the meantime—and we know it will be appealed either way—what do we do?