By KERRY SMITH BUCK

WASHINGTON D.C. – Just days ago, the American Road & Transportation Builders Association joined the Associated General Contractors and others in filing an amicus brief in Federal District Court as a legal challenge to OSHA’s Worker Walkaround final rule.

The construction industry partner organizations are arguing that OSHA lacks statutory authority to enact such a broad, sweeping regulation. ARTBA also asserted that the rule violates the Administrative Procedure Act by failing to provide adequate justification as to the rule’s necessity. Instead, the rule undermines employers’ rights and creates needless legal risks and uncertainties.

OSHA’s Worker Walkaround rule, which took effect May 31, significantly expands the parameters for who can accompany an OSHA inspector during jobsite inspections. Specifically, at the request of an employee, an OSHA inspector may allow anyone they deem “reasonably necessary.” ARTBA previously cautioned against potential unintended, negative consequences that could detract from the inspection’s primary purpose, which was to promote safety.

A fact sheet on the final rule is available here.

The government will respond to the challengers’ legal arguments, after which the court may rule or hear oral arguments.

The ARTNBA contributed to this story.