A recently-released OSHA Interpretive Letter raises concern for non-union workplaces by opining that workers at a non-union facility may designate a union representative as their representative during an OSHA inspection.
Currently, in a facility with a union, that union may designate an individual to accompany an OSHA inspector around the facility during an inspection. As it pertains to non-union facilities, however, a number of employees may be consulted with respect to the inspection. Those same employees may designate a representative on their behalf to accompany the inspector, but that has generally been a fellow employee. In conjunction with this, there is some discretion on behalf of the OSHA inspector to allow a non-employee representative. Apparently, under this most recent Interpretive Letter, this non-employee representative may be a union representative.
To read the full text of the OSHA Interpretive Letter on the DOL website, please click here.
Jake Fulcher, a Partner at Kahn, Dees, Donovan & Kahn, LLP, is a member of the Labor & Employment Law Practice Team. Jake represents a broad base of employers, including both private and public employers located in the U.S. and abroad, in all aspects of labor and employment law. For guidance related to the referenced OSHA Interpretive Letter or any area of Labor & Employment Law, contact Jake at (812) 423-3183 or JFulcher@KDDK.com, or contact any member of the KDDK Labor & Employment Law Practice Team.
