Employers Take Note: OSHA Publishes Final "Walkaround" Rules

On April 1, 2024, the U.S. Department of Labor (DOL) published its final rule on who is allowed to be present for an OSHA inspection. The rule becomes effective on May 31, 2024. By way of background, both the employer and employees have the ability to designate a "walkaround" representative to accompany an OSHA inspector on a walkaround of the facility during an inspection by the agency. The new rule clarifies who the employee representative can be.

According to the DOL, the Occupational Safety and Health Act (the "Act") provides both employers and employees the ability to authorize a representative to be accompany OSHA officials during a workplace inspection. The DOL therefore says the rule is intended to clarify the regulations so as to match its interpretation of the Act and to reflect historic practice as to which workers may be designated as their representative — either an employee or a non-employee.