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October 31, 2023 Today, National Labor Relations Board General Counsel Jennifer A. Abruzzo and Assistant Secretary of Labor for the Occupational Safety and Health Administration (OSHA) at the U.S. Department of Labor Douglas L. Parker executed a Memorandum of Understanding to strengthen the agencies’ partnership to promote safe and healthy workplaces through protecting worker voice.  Because many worker efforts to improve safety and health in their workplaces are protected under both the Occupational Health and Safety Act (OSH Act) and the National Labor Relations Act (NLRA), the NLRB and OSHA have historically engaged in cooperative efforts and have entered into formal Memoranda of Understandings to engage in interagency coordination since 1975.  Today’s agreement expands on the historic interagency coordination by enabling the NLRB and OSHA to closely collaborate by more broadly sharing information, conducting cross-training for staff at each agency, partnering on investigative efforts within each agency’s authority, and enforcing anti-retaliation provisions.  The agencies also released a resource on “Building Safe & Healthy Workplaces by Promoting Worker Voice” which provides tools and key references for employers and workers on working collaboratively to create and maintain safe workplaces, including resources on collective bargaining and compliance.  “Workplace safety can be a matter of life and death for workers and so the ability to report workplace hazards without fear of retaliation is critically important,” said General Counsel Abruzzo. “Today’s MOU will bolster protections for workers to speak out about unsafe working conditions by strengthening coordination between OSHA and the NLRB on our enforcement efforts.” “Everyone should be able to exercise their legal rights in the workplace without fear of losing their job or other forms of punishment,” explained Assistant Secretary for Occupational Safety and Health Doug Parker. “This partnership with the National Labor Relations Board will expand both of our agencies’ impact and effectiveness in protecting workers who raise concerns about workplace violations or retaliation.” The MOU is part of the NLRB General Counsel’s interagency coordination initiative to take a whole of government approach to enforcement. As part of the initiative, the NLRB is working closely with worker protection and consumer protection agencies to ensure that the government is coacting and co-enforcing all related laws in the most effective and efficient way, which will ensure workers are fully protected while minimizing employers’ compliance burdens. 

Sharing a news update in the world of workplace safety: the National Labor Relations Board and Occupational Safety and Health Administration are expanding their partnership on legal enforcement. This move emphasizes a commitment to worker safety and promotes an environment where employees feel empowered to report unsafe conditions. #safety

WASHINGTON – The U.S. Department of Labor today announced a final rule clarifying the rights of employees to authorize a representative to accompany an Occupational Safety and Health Administration compliance officer during an inspection of their workplace will be published in the Federal Register on April 1. The Occupational Safety and Health Act gives the employer and employees the right to authorize a representative to accompany OSHA officials during a workplace inspection. The final rule clarifies that, consistent with the law, workers may authorize another employee to serve as their representative or select a non-employee. For a non-employee representative to accompany the compliance officer in a workplace, they must be reasonably necessary to conduct an effective and thorough inspection. Consistent with OSHA’s historic practice, the rule clarifies that a non-employee representative may be reasonably necessary based upon skills, knowledge or experience. This experience may include knowledge or experience with hazards or conditions in the workplace or similar workplaces, or language or communication skills to ensure an effective and thorough inspection. These revisions better align OSHA’s regulation with the OSH Act and enable the agency to conduct more effective inspections. OSHA regulations require no specific qualifications for employer representatives or for employee representatives who are employed by the employer.The rule is in part a response to a 2017 court decision ruling the agency’s existing regulation, 29 CFR 1903.8(c), only permitted employees of the employer to be authorized as representatives. However, the court acknowledged that the OSH Act does not limit who can serve as an employee representative and that OSHA’s historic practice was a “persuasive and valid construction” of the OSH Act. Today’s final rule is the culmination of notice and comment rulemaking that clarifies OSHA’s inspection regulation and aligns with OSHA’s longstanding construction of the act.“Worker involvement in the inspection process is essential for thorough and effective inspections and making workplaces safer,” said Assistant Secretary for Occupational Safety and Health Doug Parker. “The Occupational Safety and Health Act gives employers and employees equal opportunity for choosing representation during the OSHA inspection process, and this rule returns us to the fair, balanced approach Congress intended.”The rule is effective on May 31, 2024.Learn more about OSHA.

As if #hrcompliance wasn't spooky enough already . . . on Halloween 2023, the US Department of Labor, National Labor Relations Board (NLRB), and the Occupational Safety and Health Administration (OSHA) signed a Memorandum of Understanding outlining an expansive process for information-sharing between the Agencies’ to enforce labor related laws and protect workers’ rights. So what this means is that these federal government Agencies are going to be looking out for potential violations, fines and penalties for their own Agency and the partner Agency as well. A few key points: 1. If OSHA is at your #worksite and encounters an employee who may have been subject to an unfair labor practice under the National Labor Relations Act (NLRA) (or a whistleblower complaint is filed with that Agency), then OSHA will provide your employee (or the collective bargaining representative) with the NLRB’s contact information. 2. Similarly, if the NLRB is engaged with your organization and/or employees, they will share information related to workers who are currently or likely exposed to health and safety hazards with OSHA. 3. The agencies may also conduct joint investigations (which is basically like getting a root canal while you're having a colonoscopy). In the past, communication between these federal government Agencies was spotty at best. But times they are a-changing! One complaint filed with either Agency could lead to not one investigation from a federal government Agency, but two! #smallbusinessowners you've worked hard to build your business and grow your assets. #hrcompliance isn't a nice-to-have, it's a requirement. Don't wait until a problem presents itself to try to get your #hr buttoned up - at that point, it's simply too late. The time to act is now. And if you need a trusted #hroutsourcing partner, message me - #paychex can help!

Employers: the U.S. Department of Labor's Occupational Safety and Health Administration's (OSHA) Final Rule amending workplace investigation regulations takes effect next month, in May 2024. Are you in compliance? The rule allows workers to have employees and certain third-party non-employees act as their representatives and accompany OSHA Compliance Safety and Health Officers (CSHO) during physical workplace inspections. Learn more in our new blog: https://lnkd.in/guE2zCGN By Amanda Tzivas #Employers #DOL #WorkersRights #EmploymentLaw #LaborLaw

Hot off the press! US Department of Labor issues final rule to clarify rights to employee representation during OSHA inspections. WASHINGTON – The U.S. Department of Labor today published a final rule clarifying the rights of employees to authorize a representative to accompany an Occupational Safety and Health Administration compliance officer during an inspection of their workplace. The Occupational Safety and Health Act gives the employer and employees the right to authorize a representative to accompany OSHA officials during a workplace inspection. The final rule clarifies that, consistent with the law, workers may authorize another employee to serve as their representative or select a non-employee. For a non-employee representative to accompany the compliance officer in a workplace, they must be reasonably necessary to conduct an effective and thorough inspection. Consistent with OSHA's historic practice, the rule clarifies that a non-employee representative may be reasonably necessary based upon skills, knowledge or experience. This experience may include knowledge or experience with hazards or conditions in the workplace or similar workplaces, or language or communication skills to ensure an effective and thorough inspection. These revisions better align OSHA's regulation with the OSH Act and enable the agency to conduct more effective inspections. OSHA regulations require no specific qualifications for employer representatives or for employee representatives who are employed by the employer. The rule is in part a response to a 2017 court decision ruling that the agency's existing regulation, 29 CFR 1903.8(c), only permitted employees of the employer to be authorized as representatives. However, the court acknowledged that the OSH Act does not limit who can serve as an employee representative and that OSHA's historic practice was a "persuasive and valid construction" of the OSH Act. Today's final rule is the culmination of notice and comment rulemaking that clarifies OSHA's inspection regulation and aligns with OSHA's longstanding construction of the act. "Worker involvement in the inspection process is essential for thorough and effective inspections and making workplaces safer," said Assistant Secretary for Occupational Safety and Health Doug Parker. "The Occupational Safety and Health Act gives employers and employees equal opportunity for choosing representation during the OSHA inspection process, and this rule returns us to the fair, balanced approach Congress intended." The rule is effective on May 31, 2024.

Employment Law Tip Tuesday! The NLRB (National Labor Relations Board) and OSHA have joined forces to prioritize workplace safety and anti-retaliation measures. Through a recent memorandum of understanding, they will harmonize investigations, share crucial information, and bolster anti-retaliation enforcement, all with a focus on safeguarding workers' rights. ⚖️ What does this mean for business owners? ⚖️ Be prepared for the possibility of concurrent investigations, as these agencies share information. When communicating with OSHA, ensure your statements are accurate and free from any language that could raise concerns. 🛠️ So, what's a smart move for employers? 🛠️ Take a proactive approach by emphasizing on enhancing workplace safety and boosting employee morale. Doing so can go a long way in preventing enforcement actions by these regulatory agencies. Stay informed and stay compliant with Heartland's HR solutions. It's time to prioritize your employees' well-being! #EmploymentLaw #WorkplaceSafety #NLRB #OSHA #TipTuesday #Heartland #HRcomplete #Compliancesolutions

The National Labor Relations Board (NLRB) and Occupational Safety and Health Administration (OSHA) are increasing interagency cooperation and coordination to strengthen health and safety protections for workers. Learn more about the new Memorandum of Understanding between the two agencies in this Perkins Coie LLP Update by Bruce Cross and Mackenzie Olson. #LaborAndEmployment #LaborAndEmploymentLaw #NLRB #OSHA

The National Labor Relations Board (NLRB) and Occupational Safety and Health Administration (OSHA) are increasing interagency cooperation and coordination to strengthen health and safety protections for workers. Learn more about the new Memorandum of Understanding between the two agencies in this Perkins Coie LLP Update by Bruce Cross and Mackenzie Olson. #LaborAndEmployment #LaborAndEmploymentLaw #NLRB #OSHA

🎉 Update for Employee Rights from the Department of Labor! On March 29, 2024, the U.S. Department of Labor and the OSHA published a final rule clarifying employee rights during OSHA inspections. Now, employees have the power to select a representative to join an Occupational Safety and Health Administration compliance officer on inspections of their workspace. The best part? Their choice isn't confined to coworkers; even outside experts are on the table, as long as they're pivotal for a detailed and effective inspection. For details of the final rule, click here:- https://lnkd.in/ew_ytqTh #OSHA #OSHAinspection