OSHA Worker Walkaround Representation Rule in Effect May 31, 2024

This rule provides the right to workers to designate a third party to represent them during the “walkaround” part of an OSHA inspection. It can be someone who doesn’t work for their employer, including a labor union member. 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 OSHA regulations that describe this right are under 29 CFR 1903.8 which is a rule that has been in existence for decades.

The regulation places certain conditions on third-party employee representatives to ensure their presence aids the inspection so it is advisable for employers to review this rule and be prepared for workers who have the right to request this type of representation. OSHA provides FAQs on this rule.

Some highlights from those FAQs are:

>>Who can be designated by workers? Prior to this new rule, third-party representation during OSHA inspections was limited to persons with formal credentials such as an industrial hygienist or safety engineer. Now, this representative who is not an employee of the employer may accompany the Compliance Safety and Health Officer (CSHO) during the inspection if, in the judgment of the CSHO, good cause has been shown why accompaniment by a third party is reasonably necessary in order to conduct an effective and thorough physical inspection of the workplace. This individual may have relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces, or language or communication skills.

>>Does it require a majority of the employees to request this type of representative? OSHA states in their 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.”

>>What can the representative participate in during the inspection? It appears that the representative can participate during the walkaround portion of the inspection and can attend the opening and closing conferences. They can also attend the personal employee interviews if the employee being interviewed requests their presence.

>>What happens if the representative interferes with the inspection? OSHA has directed their CSHOs to contact the Area Director or designee to ask if the representative can be excluded due to interference with the inspection or ask if the walkaround inspection can be suspended. OSHA states in their FAQs that: “Depending on the severity and nature of the interference and/or behavior, a warning may suffice in some instances. In other instances, immediate denial of accompaniment in the inspection may be required.”

Employers need to understand their rights when it comes to this representation so smart to seek legal advice.

Discover more about how to achieve OSHA compliance for the dental practice or dental lab.