John Ho was quoted in SHRM discussing a proposed rule from OSHA that would allow a union representative to accompany an OSHA inspector during a walkaround at a nonunion worksite. "Given the current administration's very pro-union policies, it seems likely the expected proposed rule will eventually become a final rule, but it is equally likely that it will face legal challenges," said John. "Employers should carefully consider whether it would consent to a third-party representative on its worksite for a walkaround and/or whether it will deny access, which could trigger OSHA seeking a search warrant. The decision will turn on specific facts, but it would be prudent to consider these ramifications ahead of time," he said.
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