NAHB Chair Details Legal Challenge to OSHA Rule

National Association of Home Builders has joined several other industry groups to file a challenge against the Occupational Safety and Health Administration and the Department of Labor regarding OSHA’s final Improve Tracking of Workplace Injuries and Illnesses rule, which National Association of Home Builders Chairman Ed Brady called “unlawful and arbitrary” in a press statement issued Thursday.

“We have vigorously opposed this rule from the start, and cannot allow this type of regulatory overreach to occur,” Brady said.

“There are significant concerns associated with Occupational Safety and Health Administration’s requirement of employers to submit detailed injury and illness logs to the agency for public posting. Not only does Occupational Safety and Health Administration 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,” he said.

“We also have serious concerns about the anti-retaliation portion of the rule, which would allow Occupational Safety and Health Administration inspectors to cite an employer without needing a complaint from a worker. 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 Occupational Safety and Health Administration statute.

“Occupational Safety and Health Administration 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,” Brady said.