OSHA published a final rule on April 1, 2024, concerning who may be present during an inspection.
This regulation is a clarification of the rule that employees may designate a representative to walk around with the OSHA inspector during an inspection of the facility. This new regulation will be effective May 31, 2024.
The Department of Labor states that under the Occupational Safety and Health Act (the “Act”) both employers and employees can authorize a representative to accompany OSHA officials during a workplace inspection. The new rule is an attempt to reflect the historic practice that the designated representative may be an employee or non-employee.
The non-employee representative must be “reasonably necessary” to conduct an effective and thorough inspection as determined by the OSHA Compliance Officer. Under the final rule, to be “reasonably necessary” the non-employee representative must have skills, knowledge, or experience to assist, including for the alleged hazards or conditions in the specific or comparable workplace, and/or have necessary language or communication skills. The OSHA Compliance Officer will make the “reasonably necessary” determination relying on the aforementioned factors. The representative is considered “reasonably necessary” under the final rule when it is determined that they will make a positive contribution to a complete and effective inspection.
Employers may have the employee representative sign reasonable confidentiality agreements and limit the use of confidential information learned during the walkaround. The employee representative does not have the right to be present for private OSHA interviews of employees unless the employee being interviewed specifically requests the presence of the representative.
Federal Register :: Worker Walkaround Representative Designation Process
