After Hours: OSHA Facilitates the Entry of Union Representatives into Non-Unionized Workplaces

According to an OSHA Letter of Interpretation (the “Sallman Letter”), employees at a workplace without a collective bargaining agreement may designate a person affiliated with a union to act as their “personal representative” for OSH Act purposes. This novel interpretation creates new threats to the protection of proprietary information, the risk of tort liability and opens the door to union organizing campaigns.