3rd Party Participation in OSHA Inspections
The Strategic Guide to Handling Requests for Non-Employee Representatives During an OSHA Inspection familiarizes employers with their legal rights so that such an inspection is not improperly utilized as a union organizing tactic.
OSHA’s 2013 interpretation letter allowing union officials to participate in OSHA inspections of nonunion facilities directly contradicts the express language of the Occupational Safety & Health Act governing such matters. Applicable law enables inspectors to involve only employees, recognizing their value to improving workplace safety and health. This paper explains procedures and actions a nonunion employer can put in place before an inspection to ensure this outcome, including involving the facility’s safety committee.