NFFS supports calls for Congressional Review Act resolution against OSHA's Worker Walkaround Rule

On May 17, 2024, NFFS joined the Coalition for Workplace Safety (CWS) and 57 other organizations in urging Congress to support Representative Mary Miller’s (R-IL) Congressional Review Act (CRA) resolution which would nullify the Occupational Safety and Health Administration’s (OSHA) Final Rule, “Worker Walkaround Representative Designation Process,” published in the Federal Register on April 1, 2024. A copy of the letter is available HERE.

The key amendment, detailed in 29 CFR § 1903.8(c), expands the scope of employee representation during OSHA inspections. Under the new rule, employees may designate either a fellow employee or a non-employee third party to serve as their representative during OSHA inspections, if in the judgment of the OSHA Compliance Safety and Health Officer (CSHO) good cause has been shown why they are reasonably necessary to aid in the inspection. This represents a departure from previous limitations, allowing for a broader range of individuals to participate including non-employee and third-party representatives.

The law empowers Congress to review, by means of an expedited legislative process, new federal regulations issued by government agencies and, by passage of a joint resolution, to overrule a regulation. Should a CRA be approved by Congress, such as with the OSHA Ergonomics rule in 2001, it would nullify the new rule and prevent OSHA from issuing a substantially similar rule in the future. 

The Government Affairs Committee continues to advocate on behalf of NFFS members, and will provide additional updates as they become available.