OSHA Clarifies Rights to Employee Representation During Inspections

The U.S. Occupational Safety and Health Administration (OSHA) has published a final rule clarifying the rights of employees to authorize a representative to accompany OSHA compliance officers during an inspection of their workplace. The rule takes effect May 31, 2024.

The details

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 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 rule clarifies that a non-employee representative may be reasonably necessary based on their relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces, or language or communication skills.

OSHA compliance officers retain the authority to determine whether good cause has been shown why an individual is reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace.

Next steps

• Read the final rule in full.
• Train employees involved in the OSHA inspection process on the new rule.