Steven M. Swirsky, a Member of the Firm in the Employment, Labor & Workforce Management and Health Care and Life Sciences practices, in the firm’s New York office, was quoted in Business Insurance, in “Withdrawal of Union Walkaround Policy Applauded,” by Gloria Gonzalez.
Following is an excerpt:
The rescission means that OSHA’s policy will revert to the previous interpretation, which allowed third parties such as industrial hygienists to participate in such inspections, but not union officials at nonunion workplaces with no such expertise, said Steven Swirsky, a New York-based member of Epstein Becker & Green P.C.
“Now, I think it’s pretty clear that the position that employers were taking that allowing a union representative who was not the bargaining representative of the workers at that plant to participate was something that the law and the regulations did not require or permit,” he said. “I think you’re going to see hopefully a review of some of these outlier positions that came in the last eight years, see whether or not they really are supported by the law and hopefully more of a common-sense position that goes back to what the law is intended for rather than using it as a bootstrap for organizing or something else.”