Volunteer, or else.

Court says OSHA's voluntary program pushed limits

A U.S. COURT OF APPEALS IN APRIL RULED that an OSHA voluntary safety compliance program amounted to new government regulations and was struck down.

OSHA acted improperly when it began the program, which targeted the nation's most dangerous workplaces, according to the court. Although OSHA's Cooperative Compliance Program was voluntary, the court ruled that it was essentially a new regulation because it required action beyond existing law.

The program targeted employers with injury rates of at least twice the national average of injury and work-related illness. Then, the agency invited 12,000 employers from 14 industries, including nursing and personal care facilities, to participate. These companies could agree to establish safety programs, find and fix hazards, involve workers in the process, and provide OSHA with annual safety and health data. In exchange, they were less likely to be inspected by OSHA.

In striking down OSHA's CCP, the court ruled that such new requirements should have gone through proper regulatory channels and should have been submitted for public comment.

OSHA is studying the decision. An OSHA official says the agency may decide by early summer whether to appeal, go through the rulemaking process, or look for alternatives.