During jobsite inspections, Occupational Safety and Health Administration (OSHA) inspectors assess workplace conditions, review safety records, and interview employees to make sure employers are complying with regulations. But when it comes to who's permitted to accompany the inspector, it's worth knowing that OSHA published a final rule on March 29 amending regulation (29 CFR 1903.8(c)) regarding the right to designate a representative to accompany OSHA inspectors during a workplace inspection. This final rule becomes effective on May 31, 2024, The National Law Review reports.
Prior to the recent rule, non-employees were only authorized to accompany the OSHA inspector if they were deemed "reasonably necessary" based on their technical expertise. The new rule adds language that such third-party representatives may be reasonably necessary based on "relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces, or language or communication skills."
While these revisions don’t seem like a huge deal, the implications might be. OSHA’s summary and explanation for the final rule states that OSHA intends to permit “a wide variety of third parties” to attend workplace inspections, including “those from unions or worker advocacy groups.” That means we could start seeing union representatives without any technical expertise accompanying OSHA inspectors, even in non-unionized workplaces. Additionally, the amendment further opens the door for plaintiff-side “experts” to join a workplace inspection.