The Non-Ferrous Founders’ Society (NFFS) has joined a broad coalition of employer organizations in formally opposing a proposed California workplace safety rule that would significantly expand third-party access to employer worksites during Cal/OSHA inspections.
In comments submitted to the California Division of Occupational Safety and Health, NFFS joined more than 40 national and state organizations in urging the Division to withdraw the proposal in its entirety. While the coalition reaffirmed its shared commitment to safe and healthful workplaces, the letter makes clear that the proposed rule would not advance that goal—and instead introduces substantial legal, operational, and safety concerns.
At the center of the issue is a provision that would allow third parties—potentially including union organizers, advocacy groups, or other non-employees—to accompany Cal/OSHA inspectors during workplace inspections, even in non-union facilities. Under the proposal, inspectors would have broad discretion to determine whether such individuals are “reasonably necessary” to conduct an inspection, with limited ability for employers to challenge those decisions in real time.
From an NFFS member perspective, several concerns stand out:
- Uncontrolled facility access: The proposal could allow individuals with no direct connection to the workplace—and no demonstrated safety expertise—to enter operating foundries during inspections.
- Trade secret exposure: Foundries rely on proprietary processes and customer-sensitive information. Once a third party gains access, that information cannot be “unseen,” creating real competitive risk.
- Legal conflicts: The coalition argues the rule conflicts with federal labor law by allowing minority representation without established processes and raises serious constitutional questions related to property rights and search authority.
- Operational disruption: Introducing outside parties into an inspection environment may discourage the cooperative approach that typically allows inspections to proceed efficiently and safely.
Importantly, the coalition emphasized that the current system already allows for employee participation in inspections, consistent with statutory intent. The proposed rule, however, goes significantly further—creating what is effectively an open-ended pathway for third-party access that extends beyond the Division’s authority.
The letter also warns that the proposal could have the unintended consequence of slowing down inspections and delaying hazard abatement, as more employers may require formal warrants rather than consenting to inspections involving outside parties.
Why this matters to foundries:
Foundry operations are inherently complex, safety-sensitive environments. Inspections must be conducted in a controlled manner with individuals who understand both the hazards and the processes involved. Expanding access to unrelated third parties introduces unnecessary risk—both from a safety standpoint and from a business confidentiality perspective.
NFFS will continue to monitor developments on this issue and advocate for policies that strengthen workplace safety without compromising operational integrity, proprietary information, or employer rights.
NFFS Joins Comments in Opposition to California Workers Walkaround Rule
The Non-Ferrous Founders’ Society (NFFS) has joined a broad coalition of employer organizations in formally opposing a proposed California workplace safety rule that would significantly expand third-party access to employer worksites during Cal/OSHA inspections.
In comments submitted to the California Division of Occupational Safety and Health, NFFS joined more than 40 national and state organizations in urging the Division to withdraw the proposal in its entirety. While the coalition reaffirmed its shared commitment to safe and healthful workplaces, the letter makes clear that the proposed rule would not advance that goal—and instead introduces substantial legal, operational, and safety concerns.
At the center of the issue is a provision that would allow third parties—potentially including union organizers, advocacy groups, or other non-employees—to accompany Cal/OSHA inspectors during workplace inspections, even in non-union facilities. Under the proposal, inspectors would have broad discretion to determine whether such individuals are “reasonably necessary” to conduct an inspection, with limited ability for employers to challenge those decisions in real time.
From an NFFS member perspective, several concerns stand out:
Importantly, the coalition emphasized that the current system already allows for employee participation in inspections, consistent with statutory intent. The proposed rule, however, goes significantly further—creating what is effectively an open-ended pathway for third-party access that extends beyond the Division’s authority.
The letter also warns that the proposal could have the unintended consequence of slowing down inspections and delaying hazard abatement, as more employers may require formal warrants rather than consenting to inspections involving outside parties.
Why this matters to foundries:
Foundry operations are inherently complex, safety-sensitive environments. Inspections must be conducted in a controlled manner with individuals who understand both the hazards and the processes involved. Expanding access to unrelated third parties introduces unnecessary risk—both from a safety standpoint and from a business confidentiality perspective.
NFFS will continue to monitor developments on this issue and advocate for policies that strengthen workplace safety without compromising operational integrity, proprietary information, or employer rights.
Categories
Most Recent Posts