OSHA Issues Rule on Employee Representation During Inspection

On March 29, OSHA published a final rule clarifying the rights of employees to authorize a representative to accompany an OSHA compliance officer during an inspection of their workplace. OSHA explains that the Occupational Safety and Health Act “gives both the employer and employees the right to authorize a representative to accompany OSHA officials during a workplace inspection.” The final rule clarifies that workers may authorize another employee or even a non-employee to serve as their representative. For a non-employee representative to accompany the inspector into a workplace, they must be reasonably necessary to conduct an effective and thorough inspection. While the rule, which goes into effect May 31, 2024, has caused concern for employers, much of the impact will depend on how OSHA chooses to implement it and on each compliance officer’s individual judgment. Read more here.