OSHA Worker Walk Around Final Rule

Under Section 8(e) of the Occupational Safety and Health Act (OSH Act), employees and employers are permitted to have a representative accompany OSHA Compliance Officers ("CSHOs") during physical inspections of worksites as part of OSHA inspections. These physical inspections have been coined as "walk arounds."

On April 1, 2024, OSHA clarified its final rule regarding the rights of employees to authorize a representative to accompany an OSHA compliance officer during walk arounds. Under this final rule, the representative can now be another employee or anon-employee. OSHA has justified this rule on the grounds that it will allow for more thorough and efficient inspections, because an employee can look outside of the workplace for support during inspections.