OSHA’s Memorandum on Post-Incident Drug Testing and Safety Incentive Programs

OSHA has recently taken action to rescind the February 2013 interpretative letter, also known as the Fairfax memo, which permitted employees at non-union companies to designate a non-employee union representative to accompany an OSHA compliance officer as he/she conducted a site compliance inspection. The Fairfax memo was issued at the request of organized labor. The focus of the organized labor was Section 1903.8(c) of the Code of Federal Regulations. This section gives a compliance officer the latitude to permit a third party to accompany him during an inspection if he feels that the third party can contribute some expertise to assist him during the inspection. Prior to the Fairfax memo this assistance focused on safety engineers or industrial hygienists.

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