Union Walk Around Rescinded by OSHA
(May 11, 2017)
- According to coverage from OSHA Law Blog, on April 27, a legal challenge to a contested interpretation of a rule by the Occupational Safety and Health Administration regarding union representation during inspections has been voluntarily dismissed.
The challenge in question regarded a rule that allows a third party—typically a safety engineer or industrial hygienist—to accompany an OSHA compliance officer during an inspection. OSHA had interpreted the rule in a manner that allowed employees at a non-union worksite to elect a non-employee affiliated with a union or community organization to serve as this walk-around representative.
The interpretation was recently challenged in a U.S. District Court as an unlawful expansion of the original rule, and the plaintiffs argued that the change should require public notice and comment. However, following changes in OSHA policy under the Trump administration, the legal challenge has been voluntarily dismissed and OSHA has agreed to rescind the interpretation.
The post from OSHA Law Blog can be found here