Employee Representation Changes Proposed for OSHA Inspections

The U.S. Department of Labor is proposing changes to who can accompany an employee during OSHA on-site workplace inspections. 

Officials announced a notice of proposed rulemaking to revise the regulations in two specific areas last month.  

The proposed rule clarifies that employees may authorize an employee or a non-employee third party to accompany the employee on the inspection. 

The third party will be authorized if the compliance officer agrees that the person is reasonably necessary to conduct an effective and thorough inspection. 

Officials said third-party representatives may be reasonably necessary because they have knowledge that may help inform the compliance officer’s inspection.

The proposed revision does not change existing regulations that give OSHA compliance officers the authority to determine if an individual is authorized by employees. 

It also does not change the authority of the OSHA compliance officers to prevent someone from participating in the walkaround inspection if their conduct interferes with a fair and orderly inspection. 

OSHA leaders said they believe the proposed change will increase opportunities for employees to be represented in the inspection process.

Employers should submit comments on Regulations.gov, the federal eRulemaking portal by Oct. 30, 2023, docket number OSHA-2023-0008.