In 2013, OSHA issued what is commonly referred to as the “Fairfax” memo, a standard interpretation letter that, among other things, permitted non-employee, union representatives to participate in the walk-through portion of an OSHA audit. Last year, the National Federation of Independent Business filed a suit challenging this interpretation. Upon OSHA’s notification that the Fairfax memo had been rescinded and that it had removed the guidance from the Field Operations Manual, the Federation withdrew its legal challenge.
It is welcome news for businesses and perhaps a sign of things to come for other outstanding legal challenges to new OSHA rules and past OSHA guidance including but not limited to electronic recordkeeping, anti-retaliation, higher penalties, silica, and OSHA’s Guide to Restroom Access for Transgender Workers, etc.
Stay tuned…