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The proposed rule has serious implications for employers and creates new burdens. Upon review of all submitted comments, OSHA will finalize and publish the rule, subject to any modifications. Once a final rule is published, a legal challenge to the rule by the employer community is expected.
What are the details?
The proposed rule would modify 29 C.F.R. § 1903.8(c) to expand the definition of what types of “third parties,” such as community activists and union representatives, may accompany a Compliance Safety and Health Officer (CSHO) during an OSHA inspection.
The comment period ended on October 30, 2023, and the final rule is expected to be released as soon as the reviews are over.
Per Morgan Lewis Law firm opinion: “…given the exceptionally expansive language in the preamble to the rule and the Biden administration’s explicit pro-union promises, it could be difficult for any inspector to conclude that a union request in a nonunion workplace is anything other than reasonably necessary.”
- Consider carefully if you will allow or deny access to a third-party, which could trigger OSHA seeking a search warrant. However, “…you still have your Forth Amendment and state property rights…” Fisher Phillips Law Firm.
- Update or create (if you do not have) your policies and procedures on how to adequately manage an OSHA inspection.
- Consider a communication and training plan for your key employees, regarding the new standard.
Here are some additional resources:
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