A U.S. appeals court 2/17 embraced
NAM arguments and temporarily blocked implementation of OSHA's
Cooperative Compliance Program (CCP). The court will rule on
its legality later this year. Some 12,000 plants have been targeted
by OSHA for this coercive new workplace program. The decision
shows "we proved our legal arguments to the court's satisfaction,"
says NAM Vice President Patrick Cleary. It "solidifies the
substantial likelihood that our side will ultimately prevail,"
he adds.
CCP focuses OSHA enforcement on
nearly 12,000 worksites with lost or restricted workday injury/illness
rates said to be twice the industry average. OSHA, in a December
letter to these firms, presented an ultimatum: join CCP by 1/30
or prepare for thorough wall-to-wall inspections. (OSHA later
extended the deadline to 2/17.)
Many employers are uncertain about
CCP requirements or fear retaliation if they don't join. In the
suit, the NAM and other plaintiffs charged OSHA failed to consult
with business, labor organizations or the public under required
notice-and-comment procedures before implementing the CCP.
Participation in CCP also would
require adoption of practices dictated by OSHA without benefit
of full public comment or congressional approval, thereby setting
a dangerous precedent.
"There may very well be advantages
to a cooperative compliance program," says Cleary. "But
we won't know that until we have had an opportunity to review
the requirements of the CCP and make suggestions regarding how
to improve the program."
The NAM will present further arguments
in April. A final ruling in this matter will likely be issued
later this year. NAM legal contact: Quentin Riegel, (202) 637-3058.
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