Rights to Employee Representation During Inspections

OSHA published a final rule clarifying the rights of employees to authorize a representative to accompany a compliance offer during an inspection of their workplace.

According to the final rule, a non-employee representative may be “reasonably necessary based upon skills, knowledge or experience,” which may include knowledge or experience with hazards or conditions in the workplace or similar workplaces, or language or communication skills to ensure an effective and thorough inspection.

“These revisions better align OSHA’s regulation with the OSH Act and enable the agency to conduct more effective inspections, “OSHA says, adding that its “regulations require no specific qualifications for employer representatives or for employee representatives who are employed by the employer.”