OSHA’s new inspection rule takes effect

When the Occupational Safety and Health Administration (OSHA) conducts a workplace inspection, the agency’s long-standing rule (known as “the walk-around rule”) has been that employees can designate a representative to accompany the inspector, but the representative must be a current employee. No longer. As of May 31, 2024, the agency will now allow employees to designate an outsider to be their representative on the inspection.

Open invitation

According to the new rule, not only may employees select a third-party to represent them on the inspection, but that third-party is also not required to have any particular safety or industrial hygiene expertise. According to the new regulation, the third-party could be “anyone with a variety of skills, knowledge or experience” that might assist the inspection.

The not-so-veiled implication of the new rule is that employees could designate a union representative (even if the employees are not currently represented) or other community activist to participate in the inspection. The only gatekeeper will be the OSHA inspector.

Takeaway