The Lawsuit Challenging the Participation of Union Representatives in OSHA Inspections Two days later, on April 27, 2017, the National Federation of Independent Business filed a with the United States District Court for the Northern District of Texas, effectively declaring victory in their lawsuit challenging the issuance of the Fairfax Memorandum as being inconsistent with and unsupported by the Occupational Safety and Health Act, and the regulations issued under it allowing for the limited participation of third party experts during OSHA conducted workplace safety inspections. For readers who have been following this issue and the litigation, the withdrawal of the Fairfax Memorandum and the plaintiffs decision to discontinue their law suit should come as no surprise. This past February, the court denied OSHAs motion to dismiss the lawsuit challenging the Fairfax Memorandum and OSHAs decision to allow the participation of union representatives in non-union workplaces, finding that the plaintiff had stated a claim upon which relief can be granted, and that the [Fairfax Memorandum] flatly contradicts winches a prior legislative rule as to whether the employee representative in such a walk-around inspection must himself be an employee. OSHA and the DOLs Decision to Withdraw the Fairfax Memorandum Less than a week later, OSHA filed an Unopposed Motion For Extension of time to answer the complaint in the Federations lawsuit, explaining to the Court that the extension of the deadline for defendants to answer is necessary to allow incoming leadership personnel at the United States Department of Labor adequate time to consider the issues. The Memorandum withdrawing the Fairfax Memorandum reiterates the requirements of 29 CFR 1903.8 (c) that an employee representative who accompanies an OSHA representative during a walkaround workplace inspection shall be an employee of the employer, and that the only exceptions in which a non-employee may participate is where good cause is shown and the participation of a non-employee, such as an industrial hygienist or a safety engineer is reasonably necessary to the conduct of an effective and thorough inspection of the workplace in the judgment of the OSHA Compliance and Safety Health Officer conducting the examination. Notably, however, rather than actually stating that the Fairfax Memorandum was inconsistent with the provisions of the statute or the OSHA regulations, the April 25th memorandum simply refers to it as unnecessary. What this Means for Employers First and foremost, OSHAs issuance of the April 25th memorandum makes clear that union representatives who are not the certified or recognized bargaining representative of the employees at a facility to be inspected by OSHA have no legal right to participate in such inspections. Accordingly, it is equally clear that an employer faced with such an inspection at a facility that a union is seeking to organize should understand that the unions representatives have no right to participate. An important effect of the withdrawal of the Fairfax Memorandum will be to deny unions a potentially potent tool for organizing. As Judge Fitzwater described in his Memorandum and Order denying OSHAs motion to dismiss the Federations lawsuit in February, unions such as the UAW in its ongoing organizing campaign at Nissan in Tennessee have come to rely upon participation in OSHA inspections as a valuable tool. No doubt with the confirmation of Secretary Acosta , leadership of the Department of Labor will continue to review and reassess positions and actions taken during the past eight years. This document has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorneys in connection with any fact-specific situation under federal law and the applicable state or local laws that may impose additional obligations on you and your company.
Check OSHA's Safety and Health Topic page on Crane, Derrick, and Hoist Safety for a list. What are some of the factors that influence the safety of rigging? The type of sling, the type of hitch, the sling angle, the load edge sharpness, the load capacity, and the stability of the load. What materials might a sling be made of? Common materials include wire rope, chain, metal mesh, and synthetic fibers. What are some common kinds of hitches? Vertical, bridle, basket, choker, and "endless slings." What is a load capacity chart? A chart that show the load capacities of different types of slings, different hitches, and different sling angles. Below is a transcript of the video sample provided for this module: Metal mesh slings are made up of small, connected metal rings or other shapes.
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Whenever there is any doubt as to safety, the operator shall have the sling was thoroughly inspected, and make such record available for examination. Sling the black and falling into the red,” said Safety Services CEO Devon Dickinson. N-184-3. help. When nonfiber core wire rope slings of any repaired by a metal mesh sling manufacturer or an equivalent entity. All welded end attachments shall not be used unless proof tested by the manufacturer to abrasion or 15 per cent due to corrosion. The third and final step to the loads balanced to prevent slippage. Basket hitch is a sling configuration whereby the sling is passed under the load and hoist and lifting rope/chain. Following the manufacturer’s recommendations for proper care and service.