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Tag: OSHA

April 27, 2017

There's no longer a union walk-around rule

Today, we’re happy to announce that the union walk-around rule is no more. This rule was promulgated by OSHA back in 2013 and it permitted non-employee union operatives to accompany governmental workplace inspections — even when the workforce was not unionized. This made two fundamental changes to the walk-around rule as it had existed ...

February 11, 2017

Weekly litigation report — February 10, 2017

Fighting for a road in Michigan We filed our Notice of Appeal in the Sixth Circuit Court of Appeals  in Marquette County Road Commission v. Environmental Protection Agency in the upper peninsula of Michigan to appeal the U.S. EPA's decision to unjustifiably block construction of an important local road project. The EPA is blocking a road that ...

February 04, 2017

PLF wins important first step in "union walkaround" lawsuit

Late Friday, the United States District Court for the Northern District of Texas denied (in part) OSHA’s motion to dismiss our lawsuit challenging the agency’s “union walkaround” rule. Filed back in September, our lawsuit challenges the so-called “Fairfax Memo,” issued by OSHA in 2013. The Fairfax Memo grants uni ...

December 06, 2016

Briefing update in Fairfax Memo Challenge

In National Federation of Independent Business v. Dougherty, we challenge the so-called Fairfax Memo, a substantial pro-union re-write of federal law governing workplace safety inspections. Last month, the feds moved to dismiss our challenge on procedural and substantive grounds. Yesterday, we filed our opposition to the feds’ motion to dismi ...

September 09, 2016

Challenging unauthorized union access

Yesterday, we filed a new case challenging a controversial rule from the Occupational Safety and Health Administration. The lawsuit, brought in the Northern District of Texas and styled National Federation of Independent Business v. Dougherty, attacks a 2013 OSHA “standard interpretation letter.” Often referred to as the “Fairfa ...

January 06, 2016

Is OSHA unconstitutional?

I think so.* In 1970, Congress enacted the Occupational Safety and Health Act, the main purpose of which is to assure workers safe and healthful working conditions. To that end, the Act authorizes the Secretary of Labor to issue health and safety standards. The Act defines these, at first blush reasonably enough, as standards that ...

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