OSHA Rescinds Inspection Interpretation for Non-Union Sites

Posted on 5/9/2017 by Roger Marks

As of April 27, 2017, OSHA has rescinded an interpretation letter issued in 2013 that allowed a non-employee who is “affiliated with a union” or with a “community organization” to accompany OSHA during walk-arounds at non-union worksites.

Under the interpretation, which was challenged in US District Court, employees at a non-union site could elect to have a union representative accompany OSHA inspectors during walk-arounds. This interpretation expanded on a prior interpretation of 29 CFR 1903.8(c) that allows for third parties (like an industrial hygienist or safety engineer) to accompany OSHA inspectors on facility walk-arounds.

In response to the lawsuit—and after the Agency’s request to dismiss the suit was denied—OSHA will rescind this interpretation and remove related guidance from its Field Operations Manual.

The now rescinded and archived interpretation letter is available on OSHA’s website here.

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