Washington, DC – On March 29, the Occupational Safety and Health Administration issued a final rule allowing unions and other third parties, potentially with an agenda against the employer, to participate in OSHA inspections.

The following statement can be attributed to CDW Chair Kristen Swearingen:

“OSHA’s final rule allows individuals with an agenda against the employer — including unions that have not convinced the workers to obtain their representation — to infiltrate the workplace and obtain proprietary information or information about the employer and/or workers.

“The rule provides no clarity for how OSHA safety and health officers are supposed to determine if a chosen representative should be allowed to participate in the inspection. Moreover, there’s no limit to the number of representatives that can participate, meaning multiple unions trying to organize a workplace could be permitted access. OSHA inspectors will be forced into a position to police these representatives’ behavior, which could include intentionally disrupting the workplace and instigating dysfunction.

“The rule puts OSHA safety and health officers in the middle of labor disputes and organizing drives, which they simply are not prepared for. OSHA was misguided in pursuing this rulemaking, and the courts will most assuredly have an opportunity to strike it down.”