Careers

Diversity

With 18 offices, from New York to Los Angeles and Seattle to Orlando, we live and work in communities all over the U.S., collaborating across locations, disciplines and even borders. Our experienced, highly ranked lawyers serve businesses wherever they are and wherever they want to go.

Offices

About Us

Pages

Professionals

Thought leadership: blogs, podcasts, videos, publications, events and news

Insights

Practices & Industries

Pro Bono

Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

Ohio Clock

Hallway with a grandfather clock displayed

The Weekly Hill Update

Alexander Reid Participates in Panel at 2026 Conference on Representing and Managing Tax-Exempt Organizations

Blockchain Monitor

Blockchain Monitor - Planet earth in outer space with network connection and sunlight.

Weekly Blockchain Monitor – March 16, 2026

The Bargaining Table

Lies, Wages and the NLRA: How Employee Dishonesty Can Still Be Protected

In January 2023, the Occupational Safety and Health Administration (OSHA) revived a rule that would permit worker-designated representatives to accompany OSHA during the inspection process, regardless of whether the representative is an employee of the workplace being inspected. In other words, under the proposed rule, individuals who do not even work at the inspected workplace could participate in the OSHA inspection at the invitation of a potential union. Workplaces that are not yet unionized should therefore anticipate a scenario where outside organizers accompany OSHA during its walk-around, working in tandem to point out alleged safety and health hazards at the facility.



The proposed rule aims to renew a controversial Obama-era policy that ended in 2017 during the Trump administration when OSHA rescinded the rule amidst legal challenges. As proposed, the rule would have two key impacts. First, it would “clarify” the role of union representatives, many of whom are union staff members and not employees of the workplace, during inspections. This change would affect work sites that are already unionized and allow that union to designate someone who is not employed at the inspected facility—such as a representative from the union’s national office—to accompany OSHA during the inspection. Second, and more divisively, the proposed rule would enable nonunionized workforces to designate union representatives to participate in OSHA inspections, subject only to the requirement that the compliance officer deems the representative’s presence “reasonably necessary to an effective and thorough physical inspection.” While OSHA does not yet provide clear guidance on who is “reasonably necessary” to an inspection, we expect this phrase to be interpreted liberally and that compliance officers will frequently permit a designated representative to participate. Bottom line, OSHA did not revive a rule allowing nonemployees to participate in the OSHA inspection only to have its compliance officers determine that their participation is unnecessary.



Read full <a href="https://www.bakerlaw.com/alerts/biden-administration-provide-union-organizers-another-tool-their-toolbox-osha-inspection" target="_blank" rel="noreferrer noopener">alert</a> for more information.

core/freeform

Cleveland

Partner

Darren A. Crook

Services

Labor Relations

Labor and Employment

Biden Administration Poised to Provide Union Organizers with Another Tool for Their Toolbox: The OSHA Inspection 

Related Services

Featured Insights