OSHA final rule permits representatives of company on walk through inspections

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Final rule. [Effective 60 days after publication in Federal Register]
SUMMARY: In this final rule, OSHA is amending its Representatives of Employers and Employees [i.e., union reps] regulation to clarify that the representative(s) authorized by employees may be an employee of the employer or a third party; such third-party employee representative(s) may accompany the OSHA Compliance Safety and Health Officer (CSHO) when, in the judgment of the CSHO, good cause has been shown why they are reasonably necessary to aid in the inspection. In the final rule, OSHA also clarified that a third party may be reasonably necessary because of their relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces, or language or communication skills. OSHA concluded that these clarifications aid OSHA’s workplace inspections by better enabling employees to select representative(s) of their choice to accompany the CSHO during a physical workplace inspection. Employee representation during the inspection is critically important to ensuring OSHA obtains the necessary information about worksite conditions and hazards.

Update: JacksonLewis: OSHA’s New Walkaround Rule Raises Unionization, Constitutional Concerns for Employers

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