Proposed Regulation Would Allow Third Parties To Be Present During OSHA Worksite Inspections

The U.S. Department of Labor (DOL) has proposed a new rule that, if implemented, would alter who can be authorized by employees to act as their representative and to accompany Occupational Safety and Health Administration (OSHA) compliance officers during physical workplace inspections.

Under current OSHA rules, outside labor union officials and other third parties who do not work at the site are not automatically entitled to accompany an OSHA inspector during an inspection, including the walkaround.

OSHA’s proposed revision seeks to ensure employees may authorize a non-employee third party if a compliance officer determines the third party is “reasonably necessary to conduct an effective and thorough inspection.”

These third parties, which could include advocacy groups, labor unions (whether or not they presently represent employees at the worksite), and other organizations, would not need to have technical safety expertise to participate in the process. Instead, they would only be required to have “skills, knowledge or experience that may help inform the compliance officer’s inspection . . . includ[ing] experience with particular hazards, workplace conditions or language skills that can improve communications between OSHA representatives and workers.”

As currently drafted, the proposed rule would require the OSHA compliance officer to make an official determination that “good cause has been shown why [the union representative or other the third party’s] participation is reasonably necessary to conduct an effective and thorough physical inspection of the workplace.”

OSHA is taking comments from the public on the proposed rule until October 30, 2023. Read more here.