New Member Promotion >>> Save $15 and get a SHRM tote!
Giving applicants with criminal backgrounds a fair chance at employment can be good for business.
Plus all the HR resources you need to be more efficient and effective this fall!
Apply for the SHRM Certification Exam and begin advancing your career.
Learn how to make the business case for diversity, October 25-27.
Since then, Service Employees International Union representatives attempted to accompany OSHA inspectors on site visits in Houston.
So what should you do if OSHA arrives for an inspection at your nonunion worksite with a union representative in tow?
“When OSHA shows up with a union organizer or community activist, state that you will cooperate with OSHA, but need to understand why the third party needs to be involved,” said Melissa A. Bailey, a shareholder in the Washington, D.C., office of Ogletree Deakins.
Bailey said questions to ask could include:
Employers should take several preparatory steps before OSHA even shows up, Bailey said.
“Does the employer have a safety committee? If so, has that safety committee discussed who the employee representatives should be during an OSHA inspection?” she asked. Having an employee representative selected by the safety committee may blunt OSHA’s argument that employees have chosen a third-party representative. If there is a language issue, being able to offer a nonmanagement employee to translate may negate the need to involve a third party, she said.
Bailey advised that facility management be instructed to notify corporate officers as soon as OSHA appears for an inspection. If OSHA continues to insist on having the third-party representative participate, the employer may allow OSHA to inspect but refuse access to the third party. That is what happened in Houston. “It is important to make clear that the company is willing to let OSHA conduct the inspection as long as the third party does not participate,” she said.
Roy Maurer is an online editor/manager for SHRM.
Follow him @SHRMRoy
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Your session has expired. Please log in again before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
Join SHRM's exclusive peer-to-peer social network
SHRM’s HR Vendor Directory contains over 3,200 companies