Updated walkaround rule: OSHA allows union access during site inspections

On May 31, 2024, the U.S. Occupational Safety and Health Administration’s (OSHA) revisions to the “walkaround rule” went into effect. The walkaround rule sets forth a process for OSHA to conduct on-site inspections and previously allowed an employee representative to attend the inspection.

What’s new with the rule?

The revisions to the walkaround rule remove the requirement that an employee representative be an employee of the employer being inspected. Under the revised rule, the representative may be an employee of the employer or a third party who is authorized by employees or a union organizer who has been selected by employees to serve as the representative.

According to OSHA’s FAQs, “No set number of employees are required to authorize an employee walkaround representative. It is not necessary for all, or even a majority of employees to authorize the walkaround representative. However, in a workplace with more than one employee, more than one employee would be needed to authorize the walkaround representative.” 

Third-party representatives