Two of my colleagues, Ben Shepler and Mike Griffaton, wrote yesterday about the Occupational Safety and Health Administration’s (OSHA) reversal of a position it took in February 2013. At issue is the right of non-employee union representatives to participate in an OSHA-conducted workplace safety inspection. The prior administration extended that right to unions, even if the employer was non-union. Those interested in reading more on the topic, including the lawsuit the NFIB filed against OSHA over the 2013 development, can access the alert here.
For labor professionals, this development means that there is no requirement under workplace safety law to permit a union representative to join a safety inspection that OSHA conducts. For those employers who are unionized, however, it may be that the union contract gives the union representative that right. So, make sure to review it carefully before excluding a union representative.