NAHB Chairman Issues Statement on Legal Challenge to OSHA Rule

Ed Brady, chairman of the National Association of Home Builders (NAHB) and a home builder and developer from Bloomington, Ill., has issued the following statement on the legal challenge filed by NAHB and several other industry groups against the Occupational Safety and Health Administration (OSHA) and the Department of Labor, regarding OSHA’s final rule called “Improve Tracking of Workplace Injuries and Illnesses:”
   
“NAHB and other industry groups have joined together to fight this rule. We have opposed this rule from the start, and cannot allow this type of regulatory overreach to occur.”
   
“Among the issues with the rule, there are concerns associated with OSHA’s requirement of employers to submit detailed injury and illness logs to the agency for public posting. Not only does OSHA not have the authority to do this, it also exposes a business to reputational harm, all without demonstrating any evidence that it would reduce workplace injuries and illnesses.
   
“We also have concerns about the anti-retaliation portion of the rule which would allow OSHA inspectors to cite an employer without needing a complaint from a worker–this is an overreach of authority as it goes against Congress’s mechanism to address retaliation that is specifically set forth in the OSHA statute.
   
“OSHA has not justified any of the rule’s requirements with any real benefits analysis and has relied on anecdotal information. This is 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.”

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