OMB rule change: Who can tag along on your workplace inspections?
Not every employer is comfortable being escorted on their workplace inspections. So, who can tag along? To help make that determination, the Office of Management and Budget (OMB) completed its review of OSHA’s Worker Walkaround final rule on March 20, 2024.
The Worker Walkaround rule is intended to clarify workers’ and certified bargaining units' rights to designate whom they’d like to accompany the Compliance Safety and Health Officer (CSHO) during facility or workplace inspection walkarounds. The rule also explains that the representative does not need to be an employee of the employer but could be third party. The CSHO would determine if having the designated individual would be “reasonably necessary” to aid in the inspection.
What brought this rule about?
OSHA recognizes that employee representation during the inspection is critical to ensuring a thorough and efficient analysis of all worksite conditions and hazards. The agency wants employers to be able to select a representative of their choice to accompany the CSHO, but selecting inspection escorts isn’t as easy as just picking someone.
OSHA’s proposal to the Representatives of Employers and Employees regulation is considering:
- Criteria for what is necessary to aid in an inspection;
- Representative expectations, such as relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces;
- Language skills of authorized third-party representative(s) who may be necessary to the conduct of a CSHO's physical inspection of the workplace.
So, what’s next?
The current rule allows employees to select a non-employee, such as a third-party safety consultant or industrial hygienist, only if the CSHO agrees that the person is “reasonably necessary” to complete an effective inspection.
Now that the OMB review is complete, the next step is publication in the Federal Register which can be anticipated within the next year or two. A final rule is typically effective no less than thirty days after the date of publication to the Federal Register. Once published, 1903.8(c) criteria will expand on who employees can authorize to act as their representative during an OSHA inspection. The CSHO will still determine reasonable necessity and has the right to deny accompaniment to any person whose conduct interferes with a fair and orderly inspection.
The changes to the rule will ensure employees can select trusted, skilled, and knowledgeable representatives of their choice, resulting in more effective inspections. OSHA’s goal is to shift the focus from representative titles (such as safety consultant or industrial hygienist) to pertinent skills, experience with workplace hazards or conditions, and relevant language skills that will facilitate better communication between employees and the CSHO.
Key to remember: OSHA’s Worker Walkaround final rule has been reviewed by the OMB and intends to expand the criteria for employee-authorized representatives who can participate in workplace inspections.