Effective May 31, 2024, a substantial change has been introduced that directly affects employers under OSHA oversight. This new OSHA rule potentially allows various third parties, including union organizers, community activists, and industry competitors, to accompany OSHA compliance officers on worksite inspections. Such a change could significantly impact the dynamics of workplace safety checks and raise numerous concerns for employers.
Traditionally, OSHA walkarounds included only employer representatives. However, the new regulation permits third parties deemed necessary by OSHA to participate. Employers should be aware of potential risks and prepare for the following:
- Exposure of trade secrets
- Increased union organizing efforts
- Understanding the bounds of OSHA’s permissions regarding third parties
- Effective management of inspections (safety training and PPE)
Employers are advised to proactively assert their rights during OSHA inspections. Recommended strategies include:
- Clarifying the roles and necessity of third parties
- Protecting confidential information through non-disclosure agreements
- Using liability waivers for injuries
Employers should ensure third parties are there solely to assist OSHA and are not disruptive. Monitor their activities closely, ensure they stay within their designated role, and raise concerns if they overstep boundaries. By adopting these best practices, employers can mitigate risks and safeguard their interests under the new OSHA walkaround rule, ensuring workplace inspections remain focused on genuine safety and health concerns.
