New Rule Expands Employee Rights
The new OSHA walkaround rule, which took effect on May 31, 2024, introduces some changes for employers regarding who can accompany inspectors during a workplace safety inspection. Here’s what you need to know:
- Employee Representative Designation: Employees now have the right to designate a third-party representative, not necessarily someone employed by your company, to accompany the OSHA inspector during the walkaround portion of the inspection. This representative could be a union representative, a safety professional, or someone else advocating for worker rights.
- Limited Control for Employers: Previously, employers had more control over who could participate in the walkaround. Now, the designation of the employee representative is primarily up to the employees.
- Potential Impact: The broader range of walkaround representatives may raise concerns for some employers, such as competitors gaining access to confidential information or representatives who might disrupt the inspection process.
Employers will likely need to update their policies for the 2024 OSHA walkaround rule.
This broader designation for employees means your policy should reflect the following:
- Employee Designation Process: Outline how employees can choose their walkaround representative, including allowing them to pick someone from outside the company.
- Third-Party Representative Qualifications (optional): You can set reasonable qualifications for third-party representatives. However, OSHA cannot restrict their participation based solely on employer preference. Consider requiring relevant safety training or experience.
Here are some resources that can help you navigate the new rule:
