US Department of Labor issues final rule to clarify rights to employee representation during OSHA inspections

Summary:

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has announced a final rule clarifying the rights of employees to authorize a representative to accompany OSHA compliance officers during workplace inspections. The rule, effective on May 31, 2024, allows employees to choose either an employee representative or a non-employee representative, provided that the non-employee has skills, knowledge, or experience necessary for an effective and thorough inspection. This change aligns with the Occupational Safety and Health Act and enables OSHA to conduct more effective inspections. The rule is a response to a 2017 court decision and removes a limitation on who can serve as an employee representative, allowing for a fair and balanced approach to workplace inspections.