On April 25, 2017, OSHA issued a memorandum which withdraws a previous guidance permitting workers at a worksite without a collective bargaining agreement to designate a person affiliated with a union or community organization to act on their behalf as a representative during an OSHA workplace investigation.

This memorandum clarifies 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.