AGC pushes back on OSHA’s proposed rule to expand who can serve as the employee representative—a union representative at a nonunion workplace, a community activist, etc.—during the walkaround portion of enforcement inspections.

On November 13, AGC along with twenty-two of its Construction Industry Safety Coalition (CISC) partners, submitted comments raising significant concerns about the Occupational Safety and Health Administration’s (OSHA’s) proposal to expand who can serve as the employee representative during the walkaround portion of enforcement inspections.

Currently, the regulation specific to enforcement inspections states that employee representatives must be an employee of the employer. However, the agency is proposing that third-party representatives can also fulfill this role. Under the proposal, this pool of individuals could potentially include union representatives at nonunion workplaces, community activists, and special interest groups.

The concerns raised by CISC address the conflicts of interest that can result from allowing a union representative into a nonunion workplace, the increased liability exposure to the employer that is the subject of the inspection, and the fact that OSHA lacks the constitutional authority to make such a sweeping, controversial revision to the existing regulations. If OSHA decides to move forward with the proposed changes, AGC will explore all options to block the final rule.

For more information, please contact Kevin Cannon at [email protected] or Nazia Shah at [email protected].