OSHA Sued Over New Injury Reporting Rule
UPDATES by Trey Barrineau , Door & Window Manufacturing Magazine
The National Association of Home Builders ( NAHB ), the U . S . Chamber of Commerce , and other groups have filed suit against the U . S . Occupational Safety and Health Administration ( OSHA ) in the U . S . District Court for the Western District of Oklahoma over its new rule that requires companies to make all of their injury and illness data public . The lawsuit contends that the rule is “ arbitrary , capricious , and otherwise contrary to law ” and that it violates the first and fifth amendments of the Constitution . The new rule requires employers in high-hazard industries , such as manufacturing and construction , to send injury and illness data directly to
OSHA , which would then post it on the agency ’ s website . “ Among the many issues with the rule , there are significant concerns associated with OSHA ’ s requirement of employers to submit detailed injury and illness logs to the agency for public posting . Not only does OSHA not have the authority to do this , it also exposes a business to significant reputational harm , all without demonstrating any evidence that it would effectively reduce workplace injuries and illnesses ,” says NAHB Chairman Ed Brady . “ This is a clear overreach of authority as it goes against Congress ’ s carefully constructed mechanism to address retaliation that is specifically set forth in the OSHA statute . OSHA has not justified any of the rule ’ s requirements with any real benefits analysis and has relied entirely on anecdotal information . This is entirely insufficient and cannot be allowed to stand and potentially serve as a precedent for other agency rules . Workplace safety is of the utmost concern of our members ; however , this rule is unlawful and does not serve its intended purpose of improving workplace safety . The rule needs to be vacated and set aside in its entirety .” Under the new rule , all businesses with 250 or more employees in industries covered by the recordkeeping regulation would be required to electronically submit injury and illness information from OSHA Forms 300 , 300A , and / or 301 directly to the agency .
• • •
10 DITCHMEN • FEBRUARY 2017