OSHA Issues Memorandum that Union Representatives Who Are Not Recognized May Not Participate In Inspections

Tuesday, May 9, 2017
On April 25, 2017, OSHA issued a memorandum which withdraws a previous guidance permitting workers at a worksite without a collective bargaining agreement to designate a person affiliated with a union or community organization to act on their behalf as a representative during an OSHA workplace investigation.

This memorandum clarifies that union representatives who are not the certified or recognized bargaining representative of the employees at a facility to be inspected by OSHA have no legal right to participate in such inspections.
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