U.S. Court Rules Against Worker Safety Program (OSHA)

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U.S. Court Rules Against Worker Safety Program

Reuters

09-APR-99

WASHINGTON (Reuters) - A federal appeals court on Friday struck down a Labor

Department program that called for employers in selected dangerous

industries to be inspected unless they adopt a comprehensive safety and

health program.

The appeals court sided with a number of business groups, which had

challenged the " cooperative compliance program " adopted in November 1997 by

the department's Occupational Safety and Health Administration.

Business groups had complained that the program effectively obligated

employers to adopt the safety and health programs, under the penalty of the

threatened inspections.

The program targeted worksites with at least twice the national average of

illnesses and injuries. Department officials said it represented a new,

cooperative approach to the problem of worker safety at 12,500 dangerous

workplaces.

The program had initially targeted some 500 facilities for comprehensive

inspections to begin by the end of 1999.

The appeals court ruled that the agency should have given affected

businesses prior notice about the program and the opportunity to comment as

part of a rule-making proceeding under a law called the Administrative

Procedures Act.

The appeals court set aside the program, but said the agency could

" repromulgate it " after observing the required procedures.

The ruling had been expected. In February, the appeals court had granted a

stay, suspending the program and the inspections until it issued its

decision.

The U.S. Chamber of Commerce, the National Association of Manufacturers, the

American Trucking Association and the Food Marketing Institute had

challenged the program.

The appeals court did not reach their other argument that the envisioned

inspections would violate the constitutional protections against

unreasonable searches.

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