Responding To OSHA’s New Walkaround Standard

Marc Freedman
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In this episode of The Left Of Boom Show, we sit down with Marc Freedman, Vice President of Workplace Policy for the U.S. Chamber of Commerce, to better understand how employers can prepare for the new OSHA Walkaround Standard, set to take effect on May 31st. This regulation allows employees to designate a non-employee representative to accompany OSHA inspectors during walkaround inspections, a change that carries significant implications for employers and their property rights.

Under the new rule, third-party employee representatives “may accompany the OSHA inspector when good cause has been shown why they are reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace.”

This means that employers could face situations where a union organizer or another external representative, chosen by an employee, is present during the inspection. The regulation also lacks limits on the number of employee representatives, potentially allowing multiple union representatives or activists with varying agendas to accompany the OSHA inspector onto your property.

Marc provides tips and advice on how employers can navigate these changes, protect their property rights, and manage the inspection process effectively. This episode is essential for employers seeking to understand and prepare for the complexities introduced by the new OSHA Walkaround Standard.

Resources:

OSHA Standard

OSHA’s ‘Walk-Around’ Regulation Is Government-Imposed Trespassing

U.S. Chamber Challenges DOL’s Independent Contractor Rule That Creates Uncertainty, Employee Bias 

White Paper: Unprecedented ‘Whole of Government’ Support of Unions Is Harmful

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About The Guests
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Marc Freedman

Vice President Workplace Policy

Marc Freedman is vice president of workplace policy at the U.S. Chamber of Commerce. He develops and advocates the Chamber’s response to OSHA matters; FLSA issues such as overtime, minimum wage, and independent contractors; paid leave issues; EEOC, and other labor and workplace issues. Before joining the Chamber in October 2004, Freedman was the regulatory counsel for the Senate Small Business Committee under the chairmanships of former Sens. Kit Bond (R-MO) and Olympia Snowe (R-ME). He focused on ensuring that agencies properly take into account the impact of their regulations on small businesses. He was also deeply involved in the battle over the Clinton OSHA ergonomics regulation. Earlier in his career, Freedman held various positions with several construction trade associations, including the Painting and Decorating Contractors of America, the Associated Builders and Contractors, and the National Association of Home Builders. Freedman graduated cum laude from Amherst College and received his law degree from Case Western Reserve University. He appears on various media outlets such as Fox News, CNBC, Bloomberg TV, and National Public Radio and in print in The Wall Street Journal, The New York Times, and The Washington Post. In addition, he has testified before Congress on behalf of the U.S. Chamber.