On August 30, 2023, OSHA published a proposed regulation entitled ``Worker Walkaround Representative Designation Process.'' The proposal focuses on allowing third party representatives to participate in OSHA inspections, if requested by an employee, on the basis that they have “relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces, or language skills of third-party representative(s) authorized by employees who may be reasonably necessary to the conduct of a CSHO's physical inspection of the workplace.”
The proposal would allow workers and/or their representatives to identify an individual to accompany OSHA inspectors on facility walkarounds, regardless if the individual is an employee of the employer and regardless of whether the workplace is unionized. This would fundamentally change the nature of the workplace safety inspections and put OSHA in the middle of organizing campaigns and/or labor negotiations between the employer and union. These individuals, who could be union organizers, environmental activists, or engaged in some other campaign against the employer, could use the inspection as an opportunity to collect information about the workplace, target workers for an organizing drive, or simply obtain proprietary information. There is scant mention of this opening the door for union representatives, but there is no question that will be the primary effect of this regulation if implemented.
On September 21, NFFS joined the Coalition for Workplace Safety (CWS) and 73 other organizations in sending a letter to the Assistant Secretary of Labor for Occupational Safety and Health requesting a 60-day extension to the comment period on the agency's notice of proposed rulemaking regarding the Worker Walkaround Representative Designation Process.
In response OSHA extended the comment period on the rule by two weeks to allow stakeholders additional time to comment. The comment period for the proposed rule published in the Federal Register on August 30, 2023 (88 FR 59825), was extended to November 13, 2023.
On October 19, 2023, NFFS submitted written comments on the proposed rule on behalf of NFFS members organizations and the nonferrous foundry industry as a whole. A copy of the submitted comments on [Docket No. OSHA–2023–0008] is attached below:
On behalf of the Non-Ferrous Founders' Society (NFFS), we would like to express our concerns and opposition to OSHA's proposed "Worker Walkaround Representative Designation Process" rule [Docket No. OSHA–2023–0008], as outlined in the letter addressed to the Honorable Kevin Kiley, Chair of the Subcommittee on Workforce Protections, by the Coalition for Workplace Safety (CWS) and the 40 undersigned organizations dated September 27, 2023.
NFFS represents a community of industry workers and employers dedicated to enhancing workplace safety through cooperation, assistance, transparency, clarity, and accountability. We firmly believe that a strong working relationship between employers, employees, and OSHA is essential for achieving improved safety in the workplace.
OSHA's proposed rule, dated August 30, 2023, empowers OSHA inspectors to allow third-party individuals, including union organizers and community activists, to accompany them on workplace inspections upon an employee's request. This proposal raises several significant concerns:
- Lack of Guidance and Oversight: The proposal fails to provide clear guidelines on how inspectors should prioritize, approve, or manage these requests. This lack of guidance could result in unmanageable OSHA inspections with numerous third-party representatives, making the process chaotic and counterproductive.
- Deviation from Longstanding Interpretations: OSHA's current regulations allow third-party representatives to accompany inspectors only when "good cause has been shown." This balanced approach considers both the need for outside expertise and employer property rights. The proposed rule abandons this balance without a clear justification, jeopardizing the protection of proprietary and confidential information during inspections.
- Political Motivations: OSHA's proposal seems to be aligned with the Biden administration's aim to promote unions and collective bargaining. Allowing union organizers access to employer property sidesteps the National Labor Relations Act (NLRA) and state property laws, disrupting the established procedures for union representation.
- Undermining OSHA's Purpose: OSHA's primary Congressional mandate is to uphold federal standards for workplace health and safety. Allowing third parties with various agendas to interfere with inspections would detract from OSHA's mission and potentially lead to misuse of inspections for unrelated purposes.
- Liability and Safety Concerns: The proposal raises questions about who will be responsible for the actions of these third-party individuals during workplace inspections. OSHA's liability and the safety of these individuals are unaddressed, leaving uncertainties regarding potential misconduct or harm during inspections.
In conclusion, OSHA's proposed rule appears to politicize the agency and jeopardize its core mission. NFFS strongly supports the concerns raised by CWS and urges the Subcommittee to continue its oversight efforts to ensure that OSHA's resources are utilized effectively and that the rule does not compromise workplace safety or employer rights.
Thank you for your attention to this critical issue.
Respectfully submitted,
Jerrod A. Weaver
Executive Director
Non-Ferrous Founders’ Society
NFFS files comments on OSHA Worker Walkaround Designation
The proposal would allow workers and/or their representatives to identify an individual to accompany OSHA inspectors on facility walkarounds, regardless if the individual is an employee of the employer and regardless of whether the workplace is unionized. This would fundamentally change the nature of the workplace safety inspections and put OSHA in the middle of organizing campaigns and/or labor negotiations between the employer and union. These individuals, who could be union organizers, environmental activists, or engaged in some other campaign against the employer, could use the inspection as an opportunity to collect information about the workplace, target workers for an organizing drive, or simply obtain proprietary information. There is scant mention of this opening the door for union representatives, but there is no question that will be the primary effect of this regulation if implemented.
On September 21, NFFS joined the Coalition for Workplace Safety (CWS) and 73 other organizations in sending a letter to the Assistant Secretary of Labor for Occupational Safety and Health requesting a 60-day extension to the comment period on the agency's notice of proposed rulemaking regarding the Worker Walkaround Representative Designation Process.
In response OSHA extended the comment period on the rule by two weeks to allow stakeholders additional time to comment. The comment period for the proposed rule published in the Federal Register on August 30, 2023 (88 FR 59825), was extended to November 13, 2023.
On October 19, 2023, NFFS submitted written comments on the proposed rule on behalf of NFFS members organizations and the nonferrous foundry industry as a whole. A copy of the submitted comments on [Docket No. OSHA–2023–0008] is attached below:
On behalf of the Non-Ferrous Founders' Society (NFFS), we would like to express our concerns and opposition to OSHA's proposed "Worker Walkaround Representative Designation Process" rule [Docket No. OSHA–2023–0008], as outlined in the letter addressed to the Honorable Kevin Kiley, Chair of the Subcommittee on Workforce Protections, by the Coalition for Workplace Safety (CWS) and the 40 undersigned organizations dated September 27, 2023.
NFFS represents a community of industry workers and employers dedicated to enhancing workplace safety through cooperation, assistance, transparency, clarity, and accountability. We firmly believe that a strong working relationship between employers, employees, and OSHA is essential for achieving improved safety in the workplace.
OSHA's proposed rule, dated August 30, 2023, empowers OSHA inspectors to allow third-party individuals, including union organizers and community activists, to accompany them on workplace inspections upon an employee's request. This proposal raises several significant concerns:
In conclusion, OSHA's proposed rule appears to politicize the agency and jeopardize its core mission. NFFS strongly supports the concerns raised by CWS and urges the Subcommittee to continue its oversight efforts to ensure that OSHA's resources are utilized effectively and that the rule does not compromise workplace safety or employer rights.
Thank you for your attention to this critical issue.
Respectfully submitted,
Jerrod A. Weaver
Executive Director
Non-Ferrous Founders’ Society
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