Editorial: OSHA lets the fox into the henhouse

Published 7:00 am Thursday, April 18, 2024

The fox is in the henhouse, and farmers, ranchers and processors have the federal government to thank.

Over the objections of business groups, the Occupational Safety and Health Administration has finalized a regulation allowing union representatives and other third parties to join federal inspectors on “walkaround” visits to job sites beginning on May 31.

What could go wrong with allowing union reps to move about the workplace with the implied authority of the federal government? Plenty.

Groups that represent farm employers are howling.

“For me as an employer, I will try to do everything I can to protect my employees from union activists who want to come in and do mischief,” said Michael Marsh, executive director of the National Council of Agricultural Employers.

The NCAE and other business organizations claim the regulation violates constitutional principles that protect private property and prohibit unlawful search and seizure.

Not to worry, says OSHA. Its compliance safety and health officers sometimes lack the requisite language skill and technical expertise to conduct a thorough inspection. Knowledgeable third parties fill that gap.

“Concerns about risks third parties pose in certain industries are speculative and ignore the roles of both the third party and the CSHO during the inspection,” the final rule said. “Third-party representatives have a specific purpose — to aid OSHA’s inspection. Therefore, they must stay near the CSHO and are not permitted to wander away from the inspection or into unauthorized areas.”

Though employees may not be comfortable around a government inspector, they could be willing to disclose problems in the presence of a union representative or worker advocate they trust, the agency claims.

“Employee representation during inspection is critically important to ensuring OSHA obtains necessary information about worksite conditions and hazards,” the regulation said.

We have to ask, probably rhetorically, why OSHA inspectors don’t have the necessary expertise to inspect industries under their purview, or at least have access to government specialists who do have specific language and technical skills? Obviously, they don’t.

OSHA should augment its inspection teams with neutral third parties, not union reps who have a vested interest in organizing more members. While unions would not trust a company-hired representative to convey worker concerns to OSHA, farmers and processors have no reason to rely on union reps. OSHA needs experts without a dog in the fight.

Employers are rightly concerned that the union’s presence on a government inspection team will confuse employees. Why would employees not assume that the union was working with, and had the authority of, the federal government?

This seems at best misguided, but more likely nothing but an election year gift to one of the administration’s loyal supporters.

If worker safety is the goal of an OSHA inspection, then all parties are best served when information flows to the inspector unfiltered by the lens of the interests of employers or union representatives.

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