The Occupational Safety and Health Act authorizes a ‘‘representative of the employer and a representative authorized by [the employer’s] employees’’ to accompany the OSHA agent during an inspection of the workplace (29 U.S.C. § 657(e)). The OSH Act specifies that the purpose of including these representatives is to help OSHA conduct an effective workplace safety inspection.
Employers need to be aware of a new possibility that union representatives may attempt to accompany OSHA compliance officers during workplace inspections, including at workplaces where the union has not been elected to represent the employees.
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