OSHA Finalizes Walkaround Representative Designation Rule
OSHA’s final rule allows employees to designate non-employee representatives during inspections, requiring facilities to update access and safety protocols by May 2024.
Executive briefing: On January 30, 2024 the U.S. Occupational Safety and Health Administration issued its final Walkaround Representative Designation Process rule. Effective March 11, 2024 with compliance by May 31, 2024, the rule clarifies that workers may authorize a non-employee third party to accompany OSHA inspectors when they can aid the inspection.
Key compliance signals
- Representative criteria. OSHA may permit third-party representatives with relevant knowledge, language skills, or expertise to participate in inspections.
- Facility obligations. Employers must grant reasonable access to the authorized representative while maintaining safety and security controls.
- Policy documentation. Facilities should update procedures to evaluate representative requests and document reasons for denial when appropriate.
Control alignment
- Access management. Refresh visitor and contractor policies to accommodate third-party representatives during inspections.
- Training. Train safety and security teams on the new rule, including criteria for challenging representatives who could interfere with operations.
- Legal coordination. Align inspection response protocols with counsel to manage confidentiality and trade secret protections.
Action checklist
- Update OSHA inspection playbooks to incorporate representative evaluation steps.
- Communicate the policy change to joint labour-management safety committees.
- Document inspection escorts and briefings provided to third-party representatives for audit purposes.
Enforcement outlook
- Effective March 11 enforcement. The final rule takes effect March 11, 2024, so OSHA area offices will begin applying the clarified representative criteria during spring inspections; ensure site response teams can evidence reasonable grounds for any denial before that date.
- Field Operations Manual updates. OSHA’s Field Operations Manual (CPL 02-00-164) instructs compliance officers to record third-party walkaround participation decisions, signalling that documentation gaps will surface in post-inspection reviews.
Sources
- OSHA — Final Walkaround Representative Designation Rule Announcement (January 30, 2024)
- Federal Register — Walkaround Representative Designation Process Final Rule
- OSHA — Field Operations Manual CPL 02-00-164 (January 2024 update)
Zeph Tech updates safety management frameworks so inspection protocols reflect OSHA’s expanded walkaround representative rights.