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On May 21, 2024, the NAM sued OSHA in the Western District of Texas, challenging the agency’s final walkaround rule that would allow labor organizers, community activists, plaintiffs’ attorneys or even disgruntled former employees to accompany OSHA compliance officers during workplace safety inspections. The OSH Act, the 1970 law that created OSHA, authorizes an employee representative to accompany OSHA during a walkaround inspection. Since OSHA’s inception over half a century ago, that representative had to be an employee of the employer absent a few narrow exceptions. The new walkaround rule makes a radical change to that paradigm by permitting non-employee third parties to serve as the employee representative. Our lawsuit, filed as part of an industry coalition, alleges that: (1) the walkaround rule exceeds OSHA’s statutory authority by expanding the rights of non-third parties to access employer worksites, including non-union worksites; (2) the walkaround rule effects a per se taking of employers’ property rights in violation of the 5th Amendment by granting third parties a right to physically enter worksites and denying the owners’ right to exclude; and (3) the walkaround rule is arbitrary and capricious because OSHA failed to acknowledge or explain the significant departure from its 50-year old walkaround standard or address important concerns raised during the comment period like how employers can adequately protect confidential business information.