On Oct. 16, the U.S. Department of Labor鈥檚 Occupational Safety and Health Administration issued听an extension of the comment period for its听 proposed rule, which would allow an employee to choose a third-party representative, such as an outside union representative, to accompany an OSHA inspector into nonunion facilities. OSHA the comment period from Oct. 30 to Nov. 13. On Sept. 21, ABC, as a steering committee member of the 听to OSHA requesting a 60-day extension. 老牛影视will submit comments in opposition to the rule and 老牛影视members are also encouraged to submit comments on听.

On Sept. 26, 老牛影视joined 40 other CWS members in sending a听听to the U.S. House Education and the Workforce Committee鈥檚 Subcommittee on Workforce Protections calling out OSHA for its听proposed rule and the politicization of the agency that the rulemaking exemplifies. and .

To learn more about the rule and what employers can do to prepare,听see 老牛影视general counsel Littler Mendelson鈥檚听听of the proposal.听In addition, watch ABC鈥檚 members-only webinar, OSHA Developments Affecting the Construction Industry, which is archived in the听老牛影视Academy.

Background:

On Aug. 30, OSHA issued听a proposed rule on听, which would allow an employee to choose a third-party representative, such as an outside union representative, to accompany an OSHA inspector into nonunion facilities.

老牛影视issued a statement opposing the proposed rule, saying, 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,鈥澨齭aid 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.听鈥淔or 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�

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

老牛影视will continue to monitor this issue and provide updates as they become available.