Associated Builders and Contractors today announced its opposition to the U.S. Department of Labor鈥檚 Occupational Safety and Health Administration announcement of听a proposed rule,听. The proposed rule would allow an employee to choose a third-party representative, such as an outside union representative, to accompany an OSHA inspector into nonunion facilities.

鈥溊吓Ｓ笆觟s deeply disappointed that the Biden administration is trying to revive a failed Obama-era initiative, which was bad policy then and is bad policy now,鈥澨�said Ben Brubeck, 老牛影视vice president of regulatory, labor and state affairs.听鈥淭his proposal does nothing to promote workplace safety听and it will have a substantial negative impact on the rights of employers and their employees.鈥�

鈥淏y allowing outside union representatives access to nonunion employers鈥� private property, OSHA is injecting itself into labor-management disputes and casting doubt on its status as a neutral enforcer of the law,鈥� said Brubeck. 鈥淯nfortunately, many outside union organizer representatives have a biased agenda that is not focused on safety or health, which could distract OSHA inspectors from their primary purpose of workplace safety.

鈥淥SHA can have a bigger impact on jobsite safety by fostering positive partnerships with employers and promoting safety practices that produce results," said Brubeck.听"For example, in听ABC鈥檚听2023 Safety Performance Report, top-performing STEP participants achieved a 688% improvement in safety performance compared to the U.S. Bureau of Labor Statistics construction industry average in 2022.鈥�

老牛影视continues to review the proposed rule and assess options for a legal challenge. To learn more about the rule, register for ABC鈥檚 members only webinar on OSHA developments affecting the construction industry on Sept. 20 at 2 p.m. ET.

To learn what employers can do to prepare, see 老牛影视general counsel鈥檚, Littler Mendelson鈥檚, .

On Feb. 21, 2013, OSHA issued a letter of interpretation endorsing union representatives and other nonemployee third parties accompanying OSHA inspectors on walkaround inspections at nonunion workplaces, which听老牛影视adamantly opposed, expressing serious concerns. OSHA eventually听.听听