The U.S. Department of Labor recently published a final rule clarifying the rights of employees to authorize a representative to accompany an OSHA compliance officer during an inspection of their workplace.
The OSH Act gives the employer and employees the right to authorize a representative to accompany OSHA officials during a workplace inspection that may be reasonably necessary based on skills, knowledge, or experience. This experience may include knowledge or experience with workplace hazards or similar workplace conditions or language or communication skills to ensure an effective and thorough inspection.
The rule is in part a response to a 2017 court decision ruling that the agency’s existing regulation, 29 CFR 1903.8(c), only permitted employees of the employer to be authorized as representatives. However, the court acknowledged that the OSH Act does not limit who can serve as an employee representative and that OSHA’s historic practice was a “persuasive and valid construction” of the OSH Act.
The rule is effective on May 31, 2024.
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