New OSHA Worker Walkaround Regulations
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APPLIES TO All Employers |
EFFECTIVE May 31, 2024 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
The Occupational Safety and Health Administration (OSHA) recently published its final rule clarifying that employees may designate a non-employee third party as their representative during an OSHA inspection. The final rule is set to become effective on May 31, 2024.
Under Section 8(e) of the OSH Act, employees and employers have the right to have a representative accompany OSHA Compliance Officers (CSHOs) during physical inspections of worksites for the purpose of aiding such inspections. The final rule makes two significant changes to this regulation: (1) employees may either select another employee or a non-employee third party to serve as their representative during an inspection; and (2) the regulation no longer suggests that non-employee third-party representatives should be limited to individuals with formal credentials, such as safety engineers or industrial hygienists. Instead, a CSHO may permit a non-employee third-party representative to join the inspection if the third-party representative will aid the CSHO in conducting “an effective and thorough physical inspection of the workplace” by virtue of their knowledge, skills, or experience. This can include, for example, technical knowledge or practical experience about the processes and hazards of the type present in the workplace, or language and communication skills that facilitate the gathering of information from employees.
Employers should note that the walkaround rule is a regulation concerning employees’ statutory right to designate a walkaround representative during a physical inspection of a workplace. It is not a safety and health standard and does not impose any compliance obligations for employers.
There was significant opposition to the rule during the rule’s proposal and commentary phase, so we anticipate legal challenges to the walkaround rule. Employes should continue to monitor for any additional developments.
Action Items
- Review OSHA’s FAQs regarding the final rule here.
- Monitor legal developments or challenges to the walkaround rule.
- Ensure written policies clearly instruct management on how to receive OSHA inspectors in the workplace/worksite.
- Consult with legal counsel about concerns regarding employee representatives during OSHA inspection, including non-employee third parties designated as the employee representative.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase