Manesh Rath and Taylor Johnson Quoted in Inside OSHA Article on OSHA Plan to Revive ‘Fairfax Memo’

Keller and Heckman Partner Manesh Rath and Associate Taylor Johnson were quoted in the Inside OSHA article, “Employers’ Attorneys Push Back on OSHA Plan to Revive ‘Fairfax Memo’.” The article mentions Keller and Heckman’s February 22, 2023 OSHA 30/30, where Manesh and Taylor discussed OSHA’s release of a notice of proposed rulemaking, which includes an entry for a rule that would create a “Worker Walkaround Representative Designation Process” later this year. This plan recalls the Fairfax Memo, which allowed third parties, such as union representatives to accompany OSHA officials on inspections. “I think this is going to be among the most important development[s] of the year 2023 in the field of OSHA law,” said Manesh. 

Manesh noted that he reads the OSHA Act to allow third parties to participate in inspections only if they have additional expertise, not shared by employees in the OSHA area office, that is “reasonably necessary to make an inspection effective and thorough.” Manesh also added that employers should pay attention to the upcoming proposal and should consider drafting comments to be submitted during a notice and comment period.

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