OSHA Withdraws Fairfax Memo, Employers Are No Longer Required to Allow Non-Employees to Accompany OSHA Investigators

Good news! OSHA has rescinded an interpretation letter commonly referred to as the “Fairfax Memo.” It has also removed a related guidance from OSHA’s Field Operations Manual.

The Fairfax Memo mandated that non-employees, aka union business agents, must be permitted to accompany OSHA during the walk-around portion of an inspection.  Examples mentioned in the memo of who could participate in the inspection included officials of labor organizations that did not represent the employer’s employees and “community organizers.” Continue reading “OSHA Withdraws Fairfax Memo, Employers Are No Longer Required to Allow Non-Employees to Accompany OSHA Investigators”