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.

Need help in preparing for an OSHA inspection? NASP has well-qualified consultants to help you with a walkthrough of your facility, determining potential OSHA violations, and deficiencies in plans, programs, or training. Click here for details.

About the Author


Pete Nemmers

Pete Nemmers serves as NASP’s Director of Training Development, bringing a wealth of expertise to the organization. With a background rooted in safety and training, Pete plays a pivotal role in shaping the training programs offered by NASP. Pete ensures that NASP remains at the forefront of safety education, equipping professionals with the knowledge and skills necessary to navigate and excel in the dynamic field of safety.
Home » Blog » DOL Publishes Final Rule