In this episode of Dirty Steel-Toe Boots, host Phillip Russell is joined by Frank Davis to discuss the Occupational Safety and Health Administration's (OSHA) proposed rule on the worker walkaround representative designation process and whether the walkaround rule supports unionization. Our speakers specifically address whether OSHA has the legal authority to define what "authorized representative" means without referencing the National Labor Relations Act (NLRA)—or whether OSHA's efforts are preempted by the Occupational Safety and Health (OSH) Act. Phillip and Frank discuss potential challenges to the walkaround rule, what employers can do during the comment period, what employers can expect given the current political climate (including the upcoming elections and the Supreme Court's impending Chevron deference case), and the effects of this proposal if the rule survives potential challenges and becomes final.
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