Outsiders to be allowed in workplace for OSHA inspections

When the Occupational Safety and Health Administration (OSHA) conducts a workplace inspection, the existing “walk-around rule” regulation permits employees to designate a representative to accompany the inspector, but the representative has to be an employee of the company being inspected. Soon, however, the walk-around rule will be expanded, and companies will face the prospect of third parties being admitted to their property to participate in OSHA safety inspections.

Why the rule change is so significant for employers

Beginning May 31, 2024, two very significant changes to the walk-around rule go into effect. First, employees can still choose a coworker to accompany the OSHA inspector, or they can select a third party to act as their representative during the inspection.

Second, the representative won’t be required to have any particular safety or industrial hygiene expertise. Under the new regulation, the third party can be anyone with “a variety of skills, knowledge, or experience that could” assist the inspection. The breadth of this language suggests employees could ask union organizers, plaintiffs’ attorneys, community activists, and others to act as their representative and take part in a workplace inspection. The appropriateness of the representative selected by employees is effectively left up to the OSHA inspector.