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Dive brief:
- Monday, OSHA published a final rule about who can accompany agency inspectors, employers and workers on a workplace visit or inspection. The rule will enter into force on May 31.
- The updated language is reset a longstanding OSHA practice allowing employees to select a third party to accompany a guided tour. Under OSHA guidelines, both employers and employees have the right to have a representative accompany OSHA inspectors. A 2017 court case found that allowing third parties to represent employees was a “valid interpretation,” but not consistent with the language of the rule as written.
- the agency announced the proposed rule in August. At the time, OSHA said the change would improve inspections by increasing worker representation and making it easier for compliance officers to obtain more information about workplace safety.
Diving knowledge:
Under the rule, an employee-approved third party member could be a union representative, even in a non-union workplace. This is a major point of concern for business groups, which disapproved of the rule change in August.
“Now, construction workers and employers can have serious security issues because the final rule has the potential to allow anyone to be on a job site,” Greg Sizemore, vice president of Health, Safety, Environment and Workforce Development for Associated Builders and Contractors, said in a statement on March 29. “There is simply no business case for this final rule and no benefit during a compliance inspection.”
Sizemore said “OSHA is injecting itself into labor disputes and calling into question its status as a neutral enforcer of the law,” as well as raising concerns about the lack of clarity about liability if an employee representative is injured during an inspection .
On the other hand, Anthony Abrantes, assistant executive secretary-treasurer of the East Atlantic State Regional Council of Carpenters, said the rule underscores the need for employees to have the necessary support and advocacy in an environment of ‘inspection.
“By clarifying employees’ rights to authorize a representative, this rule empowers workers to assert their safety concerns with confidence, fostering a culture of responsibility and protection in the workplace,” Abrantes told Construction Dive.
What will the rule mean for contractors?
“I don’t see this as a big deal unless I’m working in a highly confidential place,” said Dan Rosenberg, a Chicago-based attorney and director of Much Shelist, noting that the change goes back to how the law was interpreted the Obama administration.
“There are often a lot of different people going through the jobs, and adding one more doesn’t seem like a big deal to me from a practical perspective,” Rosenberg said. “Of course, the visitor should be required to wear PPE and walk in a safe manner, but practically the risk of an independent person ignoring safety while walking through an OSHA site seems low.”
