Department of Labor Looking to Revise Rules on Employee Representation

Rulemaking process aims to clarify who can be authorized by employees to act as their representative to accompany OSHA compliance officers during physical workplace inspections.

The Department of Labor is looking to revise rules on workplace representation during an Occupational Safety and Health Administration (OSHA) physical workplace inspection. Under the terms of the proposed rule, clarification will be provided on who can be authorized by employees to act as their representative to accompany OSHA compliance officers during physical workplace inspections.

The revised rule will clarify that employees can authorize a co-worker or a non-employee third party if a compliance officer determines that the individual (s) are necessary to complete a thorough inspection. OSHA is looking to gather feedback on the specific criteria used to determine such individuals' qualifications.

Interested parties can submit comments at Regulations.gov, the federal eRulemaking portal, by Oct. 30, 2023. Include Docket Number OSHA-2023-0008 on all submissions. Read the Federal Register notice for more information.