OSHA’s policy allowing union representatives to participate in inspections of non-union worksites suffered another blow Feb. 3 when a federal judge ruled a court challenge against the practice can continue.
The policy, announced in a 2013 letter, “flatly contradicts” an Occupational Safety and Health Administration rule (29 C.F.R. 1903.8(c)) explaining whether an employee representative must be an employee, District Judge Sidney Fitzwater wrote (Nat’l Fed’n of Indep. Bus. v. Dougherty, N.D. Tex., 16-2568, 2/3/17).
“Even if OSHA can show that union representatives should be permitted on walkarounds, [the rule] is clear ...