Below is an excerpt of an article published by the Connecticut Business and Industry Association (CBIA) on April 12, 2023.

OSHA is poised to revive a policy that would require employers to permit union officials to take part in agency inspections even if the union does not represent employees at the facility being inspected. 

OSHA previously maintained such a policy between 2013 and 2017. 

The policy arose out of a memo issued in response to a labor union’s inquiry. Known as the Fairfax Memo—a reference to the memo’s author—the policy was withdrawn in 2017 as the interpretation underpinning it faced legal challenges.

During the fall of 2022, OSHA issued a notice suggesting a return to the Fairfax Memo, but this time through promulgation of a regulation. 

The notice stated that a rule would be published in May of 2023 and that “[t]his rulemaking will clarify the right of workers … to specify … a union representative to accompany an OSHA inspector during the inspection process/facility walkaround, regardless of whether the representative is an employee of the employer …” Read the article.

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Photo of Jon Schaefer Jon Schaefer

I am a Partner in the Robinson+Cole’s Environmental, Energy + Telecommunications Group. I focus my practice on environmental compliance counseling, permitting, site remediation, occupational health and safety, energy regulatory compliance and siting, and litigation related to federal and state regulatory programs. My experiences…

I am a Partner in the Robinson+Cole’s Environmental, Energy + Telecommunications Group. I focus my practice on environmental compliance counseling, permitting, site remediation, occupational health and safety, energy regulatory compliance and siting, and litigation related to federal and state regulatory programs. My experiences working on complex matters for over a decade enable me to work effectively with experts and legal counsel to help clients minimize risk and solve compliance, enforcement, transactional, and regulatory matters. My full firm bio can be accessed here.

Photo of Natale DiNatale Natale DiNatale

Natale Di Natale focuses his practice on all facets of management-side labor relations and employment law. Natale has been practicing labor and employment law in Connecticut since 1996. During his 15 years of practice, Natale has devoted his practice almost exclusively to private…

Natale Di Natale focuses his practice on all facets of management-side labor relations and employment law. Natale has been practicing labor and employment law in Connecticut since 1996. During his 15 years of practice, Natale has devoted his practice almost exclusively to private sector labor law, including in the health care setting. He has worked with numerous acute care hospitals, skilled nursing facilities, assisted living facilities, and home care service providers. He also represents manufacturing, utility, and building services employers.

Natale provides advice and represents employers with respect to labor issues arising in numerous contexts, including preventive labor relations; union avoidance; contract negotiations; grievance resolution; arbitration; unfair labor practice proceedings; administrative proceedings; bargaining unit issues; mergers, acquisitions, and other affiliations; successorship; strikes, strike preparation, and lockouts; and bankruptcy. See his full bio on rc.com.