On May 10, the Occupational Safety & Health Administration (OSHA) issued a memorandum titled Interim Guidance for Worker Walkaround Representative Designation Process. The memorandum provides interim guidance for implementing the Worker Walkaround Representative Designation Process final rule (“Walkaround rule”), which was published on April 1, 2024, and went into effect on May 31, 2024. This rule clarifies that employee representatives during OSHA inspections can include third-party individuals if deemed necessary by Compliance Safety and Health Officers (CSHOs).
Key points include:
- Authorized Representatives: CSHOs must determine if workers are represented and ensure their participation in inspections. Employees can designate a representative, which can be an employee or a third party.
- Third-Party Representatives: A third-party representative can join inspections if they have relevant expertise or skills necessary for a thorough inspection. This includes knowledge of workplace hazards, relevant language skills, or cultural competence.
- Documentation: CSHOs must document their rationale for including a third-party representative and retain any voluntarily provided documentation supporting the representative’s qualifications.
- Disputes and Interference: CSHOs have the authority to resolve disputes regarding representatives. If an employer refuses a representative’s participation, it is treated as a refusal to permit inspection, potentially leading to a warrant.
- Non-Disruptive Conduct: Representatives must not interfere with inspections, and CSHOs can terminate their participation if they cause disruption.
Field staff were directed to familiarize themselves with the rule’s FAQs and the preamble to address questions from employers and employees effectively.
For additional information about the final rule, please also see OSHA’s Worker Walkaround Rule webpage and frequently asked questions.
If you have any questions, please contact Kevin Cannon at kevin.cannon@agc.org.