NFIB joined with the National Coalition on Ergonomics in a challenge to the Occupational Safety and Health Administration's ergonomics rule. NFIB's involvement focused on OSHA's lack of attention to how the rule would affect small employers and their failure to adequately consider less burdensome alternatives (violation of the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act). The law would have cost small-business owners an excess of $40 billion.
Status: Decided. In response to the lawsuit and intense lobbying, Congress repealed the law in March 2001. NFIB subsequently dismissed the lawsuit.