A proposal that would allow third parties to accompany an Occupational Safety and Health Administration official on workplace inspections is sparking opposition from a variety of industry groups.
In late August, the Labor Department said it was airing what it called a “Worker Walkaround Representative Designation Process,” a proposal making it possible for third party participation during such inspections.
“This proposal aims to make inspections more effective and ultimately make workplaces safer by increasing the opportunities for employees to be represented in the inspection process,” said Doug Parker, OSHA assistant secretary, in a statement.
Such third-party representatives, said an OSHA press release, “may be reasonably necessary because they have skills, knowledge, or experience that may help inform the compliance officer’s inspection.”
The release added that information gathered by third-party representatives “may include experience with particular hazards, workplace conditions, or language skills that can improve communications between OSHA representatives and workers.”
Industry response has been mostly negative, with Ben Brubeck, vice president of regulatory, labor and state affairs with the American Builders and Contractors, saying the proposal “does nothing to promote workplace safety and will have a substantial negative impact on the rights of employers and their employees.”
The biggest complaint regarding the proposal is that it may be used as a wedge for labor representatives, serving as third-party participants, to organize at workplaces that are currently not unionized.
Now in a letter sent to a subcommittee of the House Education and Workforce Committee, some forty trade associations, including the Associated General Contractors, the National Federation of Independent Business, and the U.S. Chamber of Commerce, have attacked the OSHA proposal as “promoting unions and collective bargaining at all costs.”
The letter additionally contends that the OSHA proposal has “no limiting principles as to how many employees could request a third-party representative, leaving the door open to employees requesting representatives from competing unions.”
In an article for the publication SHRM, which is published by the Society for Human Resource Management, it is noted that “employers should carefully consider whether they would consent to a third-party representative on its worksite,” or opt to deny access, “which could trigger OSHA seeking a search warrant.”
Comments regarding the OSHA proposed rule are being accepted by the agency until November 13.
By Garry Boulard
