Legal Challenges Postpone Use of Poster

On December 23, the NLRB announced that the due date of the new NLRB requirement to post a unionization rights notice on most employers’ bulletin boards has been delayed.  The new date is now April 30.  Legal challenges continue to postpone the display of the poster, which was previously January 31. The original date was in November, 2011.  Everything else about the requirement is the same as before.

Please read our earlier article about the posting requirement.

The charts were updated to help workers safely service single-piece and multi-piece rim wheels

The Occupational Safety and Health Administration has revised its tire servicing materials to address current hazards in the industry and help workers safely perform maintenance on large vehicle tires.

The revised materials address OSHA’s Materials Handling and Storage standard that protects workers who service single-piece and multi-piece rim wheels. Following recent talks with representatives from tire, rubber, and wheel manufacturers, OSHA determined a need for new materials with updates from sources such as the Tire Industry Association.

The updated information, available in a portable manual or as three poster-sized charts, is easier to access and use. OSHA’s revised “Multi-piece Rim Matching Chart” provides an updated list of current and obsolete components, and the old “Demounting and Mounting Procedures for Truck/Bus Tires” chart is now expanded into two charts that deal individually with tubeless and tube-type tires.

“These updated materials will provide readily accessible information on how to prevent worker injuries and deaths from tire-servicing incidents,” said Dr. David Michaels, Assistant Secretary of Labor for OSHA. “The new format and easy access will simplify compliance with the standard by helping employers provide their workers with vital servicing information.”

The revised tire charts are available for download on OSHA’s Publications page.

Most Employers Must Comply with New Posting

On January 31, 2012, almost all private sector employers are required to post a notice that outlines employee rights under the National Labor Relations Act (NLRA). The intent of the notice is to increase employee awareness of their rights under the Act. The National Labor Relations Board (NLRB) believes that many workers do not know their rights, and the poster clearly states what employees, employers, and unions may and may not do. The initial required posting date was November 14, but was delayed due to confusion on which employers are covered by the statute.

The poster is to be physically displayed in a public area where most employees will see it, such as a bulletin board in a break room. It may also be posted on a company’s internet and intranet along with the physical posting, but employers are not required to send it to employees via e-mail or other electronic means.

The posting requirement applies to both union and non-union workplaces as the law applies to most employees. Public sector employees, agricultural and domestic workers, independent contractors, railroad and airline employers, very small employers that conduct a low dollar amount of interstate commerce, and others are exempt from coverage. The FAQ section regarding the new posting has detailed information on who should/should not display the notice.

Failure to post the notice will be considered an unfair labor practice, but the NLRB does not have authority to fine an establishment not displaying the poster. The Board expects most employers to post the notice, which is free and may be downloaded. Click here for more information on the NLRB website.





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Are you confused by the many federal and state posters that employers are required to display at their workplaces? Most posters are normally available at no cost from the particular government entity requiring the notice and may be downloaded from their websites. OSHA requires employers to display a poster which informs employees of their rights and protections regarding job safety and health.

29 CFR 1903.2 outlines an employer’s obligation to post the notice. It must be displayed in a location that is easily seen by employees and where notices are normally displayed, such as a bulletin board in a break room or in a lobby area. The poster may also be displayed electronically on a company’s intranet, but this is not a substitute for the physical posting as not all employees may have access to a computer. Using your company’s intranet system as the only means of displaying federally mandated posters will not keep you in compliance even if all employees have a computer.

If your business has several different locations, the notice must be posted at each worksite. What about employees who work at home or do not work at one location, but may travel for work? The standard says at 1903.2 (b): “…such notice or notices shall be posted at the location from which the employees operate to carry out their activities.” So, you should be sure that your employees who work remotely are sent the appropriate posters. You may send them electronically or mail the actual posters.

For companies under federal OSHA jurisdiction, the required OSHA poster is available free online and may be downloaded for you to print and/or save electronically. It is available in both English and Spanish. Employers under their state’s OSHA jurisdiction should contact their state OSHA program to see if there is a state poster to display. The links below will help you determine the posters needed at your business:

Listing of federal posters

Poster information

Poster Advisor - questionnaire to determine federal and state posters needed

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