Manufacturers: OSHA Lacks Statutory Authority on Injury and Illness Rule

Manufacturers Challenge Dangerous and Unlawful Regulation

Washington, D.C., July 8, 2016 – National Association of Manufacturers Senior Vice President and General Counsel Linda Kelly issued the following statement announcing the Manufacturers’ Center for Legal Action (MCLA) challenge to the Occupational Safety and Health Administration’s (OSHA) injury and illness rule in the U.S. District Court for the Northern District of Texas. The MCLA is joined by national, state and local business groups and the Great American Insurance Company in challenging the rule, which was issued earlier this year. The rule would require nearly every manufacturer in the United States to publicly release all injury and illness incidents in the workplace regardless of fault.

“The Department of Labor is putting a target on nearly every manufacturer in this country by moving this regulation forward. Not only does OSHA lack statutory authority to enforce this rule, but the agency has also failed to recognize the infeasibility, costs and real-world impacts of what it preposterously suggests is just a mere tweak to a major regulation.

Furthermore, releasing this information will lead others to make inaccurate conclusions, will open manufacturers up to retaliation and will sacrifice employee and employer privacy. Manufacturers take pride in creating safe workplaces and are supportive of regulations that increase transparency, but this regulation does neither, and we look forward to fighting this in the courts.”

The MCLA serves as the leading voice of manufacturers in the courts, representing the more than 12 million men and women who make things in the United States. The MCLA strategically engages in litigation as a direct party, intervenes in litigation important to manufacturers and weighs in as amicus curiae on important cases. To learn more about the MCLA, visit our website.


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The National Association of Manufacturers (NAM) is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs more than 12 million men and women, contributes $2.17 trillion to the U.S. economy annually, has the largest economic impact of any major sector and accounts for more than three-quarters of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the Manufacturers or to follow us on Shopfloor, Twitter and Facebook, please visit www.nam.org.