OSHA Opens the Door to Union Representation in Safety Inspections

The Occupational Safety and Health Administration clarified on April 1 that third parties may accompany the OSHA Compliance Safety and Health Officer (CSHO) during a physical workplace inspection. OSHA now permits union representatives, community activists, or other third-party representatives it deems “reasonably necessary” to be part of on-site inspections. The new rule codifies an Obama-era “walkaround representative” policy and brings major changes to current regulations.

This new rule overwrites the old standard that required the representative to be a fellow employee. It also broadens workers’ right to choose who represents them during safety inspections. The third-party representative is no longer limited to only those with skills and knowledge similar to that of the two examples (industrial hygienist or safety engineer) provided in the prior regulatory text. Instead, employees may select the third-party representative from a broader group, including union representatives or community organizers. 

OSHA determined that the rule balances the employees’ statutory right to a walkaround representative and OSHA’s need for thorough and effective inspections, while still protecting employers’ privacy and property interests. OSHA maintains that this change is beneficial because a third-party representative authorized by employees may have a variety of skills, knowledge or experience that could aid the CSHO’s inspection. 

Some employers question the new rule, citing safety, privacy and confidentiality concerns. Employers expect an increase in OSHA complaints and related inspections, and legal challenges are anticipated as the new rule is applied during workplace inspections. 

Please reach out to Raquel Ramirez Jefferson or any member of Phelps’ Labor and Employment team with questions or for advice and guidance.