HAVE YOUR VOICE HEARD: ABC Opposing OSHA's Recent Walkaround Proposal

On Aug. 30, OSHA issued a proposed rule on Worker Walkaround Representative Designation Process, 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.

ABC plans to submit comments opposing the proposal by the deadline of Oct. 30, unless an extension is granted. ABC members are also encouraged to submit comments on regulations.gov.

In addition, see ABC general counsel’s, Littler Mendelson’s, analysis of the proposal.

“ABC is 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,” said Ben Brubeck, ABC vice president of regulatory, labor and state affairs. “This proposal does nothing to promote workplace safety and it will have a substantial negative impact on the rights of employers and their employees.”

“By allowing outside union representatives access to nonunion employers’ private property, OSHA is injecting itself into labormanagement disputes and casting doubt on its status as a neutral enforcer of the law,” said Brubeck. “Unfortunately, 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.

“OSHA can have a bigger impact on jobsite safety by fostering positive partnerships with employers and promoting safety practices that produce results," said Brubeck. "For example, in ABC’s 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.”

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 ABC adamantly opposed, expressing serious concerns. OSHA eventually rescinded the letter of interpretation on April 25, 2017.

Your Voice Matters: Stand up for True Workplace Safety and Employer Rights—Submit Your Comments on regulations.gov by October 30th. Go to www.regulations.gov/document/OSHA2023-0008-0001or scan QR code to submit comments today!

Source: www.federalregister.gov/documents/2023/08/30/2023-18695/workerwalkaround-representative-designation-process