OSHA Announces Its Final Rule For the Worker Walkaround Representative Designation Process

Rule clarifies the rights of employees to authorize a representative to accompany an Occupational Safety and Health Administration compliance officer during an inspection.

The Department of Labor is issuing a rule meant to clarify employee representation rights. The Occupational Safety and Health Act gives the employer and employees the right to authorize a representative to accompany OSHA officials during a workplace inspection. The final rule clarifies that, consistent with the law, workers may authorize another employee to serve as their representative or select a non-employee. For a non-employee representative to accompany the compliance officer in a workplace, they must be reasonably necessary to conduct an effective and thorough inspection.

The revision clarifies that a non-employee representative may be reasonably necessary based upon skills, knowledge or experience. This experience may include knowledge or experience with hazards or conditions in the workplace or similar workplaces, or language or communication skills to ensure an effective and thorough inspection. 

Take a moment to review the new rule.