OSHA changes direction on walk-around policy for union members

May 8th, 2017 by Dakota Software Staff Industry News

The Occupational Safety and Health Administration recently reversed course on a controversial decision made during the Obama administration. The federal health and safety regulator had previously allowed a union member to accompany an OSHA inspector during site visits to a non-unionized workplace. That decision was issued in the form of a letter issued by the agency in 2013.

The National Law Review pointed out the decision initially came following a request for clarification from the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. That group asked if a union member could make the visit alongside an OSHA inspector under a regulation allowing third parties to do so if a good cause existed for that action.

Now, with new leadership in place at the Department of Labor and in other key positions, the federal agency is moving away from that decision.

Pushback from employers

Business Insurance said the decision to allow union members to make site visits to nonunion workplaces, although dependent on the judgment of the OSHA inspector, was seen by many businesses as a politicization of that health and safety practice. The decision was thought to be a way for unions to make inroads into non-unionized workplaces. Although there's no hard evidence to point to that conclusion, the rule was soon challenged by a variety of business interests.

One recent action taken against OSHA's rule was brought to the U.S. District Court for the Northern District of Texas by the National Federation of Independent Businesses. However, the administration's decision to remove the policy contained in the letter from consideration essentially resolved the case without a need for further action.

"The 2013 memo gave unions a pathway to intimidate small business owners," Juanita Duggan, NFIB CEO and President, said in a statement, according to Business Insurance. "Congress never intended that OSHA should open the door to unionization efforts."

The guidance is no longer contained in OSHA's field manual and the letter is marked as archived, meaning it isn't current policy, according to the NLR. For businesses, this change means a complicated issue related to unionization and the federal government's acceptable role in connecting workforces to labor agencies is no longer a point of contention. Business owners can instead focus more on direct health and safety considerations when preparing for inspections and generally keeping facilities safe.