a question about grammar (comma before and)

Question

The organization shall ensure that the results of the audits are reported to relevant managers; ensure that relevant audit results are reported to workers, and, where they exist, workers' representatives, and other relevant interested parties; [This is 'ISO 45001' which is an international standard.]

I am confused whether "where they exist" is applied to both workers' representatives and other relevant interested parties.

1.

• workers' representatives where they exist
• other relevant interested parties where they exist

• workers' representatives where they exist
• other relevant interested parties

Which is correct: 1 or 2?

Answer 1

I interpret "where they exist" as modifying just "workers' representatives".

In practice, both possible interpretations are equivalent. "Other relevant interested parties" is a catch all for people, governments, and other organizations that:

• might exist (this is implied)
• have a need to know ("relevant")
• care ("interested")
• the author did not specifically think of when writing the sentence.

It is possible that "interested" has a more technical meaning than "care". It might mean "has legally protected rights, privileges, and/or responsibilities that are affected by this situation".

The author had a good reason for specifically modifying "workers' representatives" with "where they exist". Some workers are represented by unions (or similar organizations). Most of these unions are responsible for negotiating employment contracts with the workers' employers. Other workers are not represented by unions.

Answer 2

Does it make any difference in your high-level understanding?

Suppose no "relevant interested parties" exist. And you assume that "where they exist" only applies to "workers representatives. (ie option 2)

Would you report audit results to these non-existent parties?

The instructions would be followed in exactly the same way in either case: Report to the workers (who do exist), the representatives (if they exist), and others (if they exist).