agenda, OSHA said that modernizing the regulation would “allow increased productivity and reduce the regulatory burden on employers with workers who wear respiratory protection.” • MSHA Deregulatory Proposals (RINs 1219-AC18, 1219-AC19, and 1219-AC21). MSHA added various proposals to the regulatory agenda, including three new rules that would significantly curtail the authority of District Managers related to plan approval criteria (for roof control and mine ventilation plans) and training and retraining of miners. Where Does OSHA’s 2024 “Walkaround” Rule Stand? • Background: Last year, OSHA issued a new final rule allowing employees to designate third parties – including union representatives – to accompany an OSHA inspector during a facility walkaround. The new rule, which took effect on May 31, 2024, gives labor unions an advantage because it grants union representatives access to the property of non-union employers and allows them to directly interact with non-union employees. • The Latest: Unfortunately, OSHA has not yet weighed in on the validity of the walkaround rule and did not include any plans related to it on the latest regulatory agenda. However, the rule remains under challenge in a lawsuit brought by business groups last year, so stay tuned to see how that plays out. • Note on State Plans: The 2024 final rule required OSHA-approved State Plans to, within six months, adopt regulations that are identical to or “at least as effective” as OSHA’s walkaround rule (unless they could demonstrate that their existing requirements are at least as effective in protecting workers) – and several of the State Plans have adopted the rule. In such states, the rule could remain applicable even if federal OSHA ultimately decides to rescind it (or if the rule is otherwise blocked by a court). Conclusion We will monitor the situation and provide updates as warranted, so make sure you are subscribed to Fisher Phillips’ Insight System to gather the most up-to-date information. If you have any questions, please contact your Fisher Phillips attorney, the authors of this Insight, any attorney on our PEO Advocacy and Protection Team or our Staffing Team, or any attorney in our Wage and Hour Practice Group or our Workplace Safety Practice Group.
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