The National Association of Home Builders – along with the U.S. Chamber of Commerce, the Oklahoma State Homebuilders Association, the State Chamber of Oklahoma and three poultry associations – filed a lawsuit in January against the U.S. Department of Labor and OSHA in the U.S. District Court for the Western District of Oklahoma relating to OSHA’s final recordkeeping rule.
The lawsuit claims that the rule, “Improve Tracking of Workplace Injuries and Illnesses,” overreaches and violates businesses’ rights under the First and Fifth amendments to the U.S. Constitution, effectively asking the court to apply strict scrutiny in determining the rule’s constitutionality.
- OSHA’s announcement of the final rule in May 2016, which put in place new electronic recordkeeping and reporting requirements among companies with more than 20 employees, was met with pushback from construction industry trade groups concerning the exposure of private data.
The January lawsuit claimed that OSHA doesn’t have the authority to create what it says will be a public database for employers’ injury and illness records, and it argues that the information’s publication won’t impact workplace safety or health. Instead, the lawsuit calls the rule “an imposition on businesses” and says that the publication of “confidential and proprietary information” could be misused, exposing the business “to significant reputational harm.”