OSHA Publishes Final Rule for Employee Representation during Inspections
The Occupational Safety and Health Administration (OSHA) has issued a final rule that confirms that employees are entitled to representation during OSHA inspections, and employee representatives do not have to be employees.
The Occupational Safety and Health (OSH) Act gives employees and employers the right to authorize a representative to accompany OSHA personnel during workplace inspections. The final rule clarifies that workers may authorize another employee to serve as a representative or they may select a non-employee, and if the latter is chosen, the individual must be reasonably necessary to the conduct of an effective and thorough inspection. For instance, the non-employee must have the skills, knowledge, or experience, such as knowledge or experience with hazards or conditions in the workplace or similar workplaces, or language or communication skills. There are no specific qualifications required for employer representatives nor for employee representatives who are employees of the employer.
The update stems from a 2017 court ruling where the court acknowledged that the OSH Act does not limit who can serve as an employee representative and the clarification will help OSHA conduct more effective inspections. The final rule takes effect on May 31, 2024. Up to that date, current regulations apply, which means that OSHA inspectors have the discretion to decide whether a third party can participate in the inspection.
“Worker involvement in the inspection process is essential for thorough and effective inspections and making workplaces safer,” said OSHA Assistant Secretary Doug Parker. “The Occupational Safety and Health Act gives employers and employees equal opportunity for choosing representation during the OSHA inspection process, and this rule returns us to the fair, balanced approach Congress intended.”
Get The FREE
OSHA & HIPAA Checklist
Immediate Delivery of Checklist Link To Your Email Address
Please Enter Correct Email Address
Your Privacy Respected
HIPAA Journal Privacy Policy
