On October 31, 2023, the National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) announced the signing of a memorandum of understanding (MOU) aimed at strengthening their partnership and enhancing worker protections. The MOU outlines a framework for increased collaboration and information sharing between the two agencies, focusing on areas of mutual interest such as workplace safety and health, concerted protected activities, and employer retaliation.
The MOU outlines several key areas of cooperation between the NLRB and OSHA which include:
- Information Sharing and Referrals: The agencies will establish a process for sharing information and referrals related to workplace safety and health hazards, as well as potential violations of the National Labor Relations Act (NLRA).
- Training and Outreach: The agencies will collaborate on training and outreach efforts to educate employers and workers about their rights and responsibilities under the NLRA and the Occupational Safety and Health Act (OSH Act).
- Investigative Efforts: The agencies will coordinate investigative efforts in cases involving potential violations of both the NLRA and the OSH Act.
- Enforcement of Anti-Retaliation Provisions: The agencies will work together to enforce anti-retaliation provisions that protect workers from being punished for reporting workplace hazards or exercising their rights under the NLRA.
Next Steps
The MOU is expected to increase employee awareness of their rights under the NLRA and the OSH Act and provide stronger protections from retaliation for reporting unsafe conditions or exercising their right to unionize, thereby, increasing the likelihood of enforcement of workplace safety and labor law violations. As a result, employers must ensure that their workplace safety practices and procedures are aligned with their legal obligations under the law and that they address any safety concerns raised by employees in the workplace.
It is recommended that employers who are party to an OSHA-related investigation involve their legal counsel before submitting any responses and/or engaging with agency officials on employee complaints and/or disciplinary situations that could also trigger unfair labor practice charges under the NLRA.
