Federal Court Rules Against OSHA

A federal court struck down the Occupational Safety and Health Administration’s attempt to give employers the choice between adopting stricter work safety measures or facing guaranteed inspections.

The court sided with business interests that saw the agency’s Cooperative Compliance Program as an effort to force new regulations on businesses without going through proper procedures, including asking for industry input.

OSHA officials said a truncated version of the program, which has been in effect since a court order stayed the original plan, would continue to target the most dangerous workplaces.

A three-judge panel of the U.S. Circuit Court of Appeals in Washington, D.C., ruled in favor of a coalition of business groups led by the U.S. Chamber of Commerce and included the National Association of Manufacturers, American Trucking Associations and the Food Marketing Institute (12-7, p. 45).

The court said the program, which attempted to target companies with the highest injury and illness rates, used the veiled threat of guaranteed inspections to force businesses to adopt measures more stringent than current rules require.

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