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Stranger Danger: OSHA's New Rule Permits Enigmatic Third Wheel at Inspections

Who exactly can tag-along with an OSHA Compliance Safety and Health Officer (CSHO) during a worksite inspection of a workplace? A new OSHA rule seeks to dramatically broaden this group to include union agents, even in non-union workplaces.

Employers and employees typically have the right to have a third-party representative present during an OSHA inspection of a workplace. Traditionally, the employee representative must be an employee of the employer at the site being inspected. However, a new OSHA rule, which takes effect on May 31, 2024, “clarifies” that the employee representative may also be a non-employee third-party not affiliated with the employer. Additionally, the new rule no longer limits employees' options for third-party representation during OSHA inspections to persons with formal credentials, such as an industrial hygienist or safety engineer. Thus, the new rule broadens the scope of representation, potentially altering the dynamics of workplace inspections and introducing new challenges for employers.

Employers should be wary of the potential implications of the vague new “Walkaround” Rule. For example, the new rule inevitably invites labor activists or even plaintiffs’ attorneys into non-union workplaces to potentially influence union organizing campaigns. Moreover, the new rule leaves much to be desired in terms of how outside representatives will be selected in non-union workplaces. The unclear process ultimately grants the CSHO considerable discretion in determining who accompanies them during inspections.

Employers should take every precaution possible when OSHA knocks on their door for inspections. This includes asking the pertinent questions; raising appropriate objections to third-party representatives when necessary; and lawfully limiting access to an employer’s worksite and the third-party representatives’ involvement during onsite inspections. Neglecting these measures could lead to regrettable consequences for employers, as the presence of OSHA’s newfound third wheel may result in unforeseen challenges and adverse outcomes that extend far beyond an unfavorable OSHA inspection. A starting point should be a legal review of an employer’s solicitation and distribution rules.

Stranger Danger: OSHA's New Rule Permits Enigmatic Third Wheel at Inspections

Who exactly can tag-along with an OSHA Compliance Safety and Health Officer (CSHO) during a worksite inspection of a workplace? A new OSHA rule seeks to dramatically broaden this group to include union agents, even in non-union workplaces.

Employers and employees typically have the right to have a third-party representative present during an OSHA inspection of a workplace. Traditionally, the employee representative must be an employee of the employer at the site being inspected. However, a new OSHA rule, which takes effect on May 31, 2024, “clarifies” that the employee representative may also be a non-employee third-party not affiliated with the employer. Additionally, the new rule no longer limits employees' options for third-party representation during OSHA inspections to persons with formal credentials, such as an industrial hygienist or safety engineer. Thus, the new rule broadens the scope of representation, potentially altering the dynamics of workplace inspections and introducing new challenges for employers.

Employers should be wary of the potential implications of the vague new “Walkaround” Rule. For example, the new rule inevitably invites labor activists or even plaintiffs’ attorneys into non-union workplaces to potentially influence union organizing campaigns. Moreover, the new rule leaves much to be desired in terms of how outside representatives will be selected in non-union workplaces. The unclear process ultimately grants the CSHO considerable discretion in determining who accompanies them during inspections.

Employers should take every precaution possible when OSHA knocks on their door for inspections. This includes asking the pertinent questions; raising appropriate objections to third-party representatives when necessary; and lawfully limiting access to an employer’s worksite and the third-party representatives’ involvement during onsite inspections. Neglecting these measures could lead to regrettable consequences for employers, as the presence of OSHA’s newfound third wheel may result in unforeseen challenges and adverse outcomes that extend far beyond an unfavorable OSHA inspection. A starting point should be a legal review of an employer’s solicitation and distribution rules.

Stranger Danger: OSHA's New Rule Permits Enigmatic Third Wheel at Inspections

Who exactly can tag-along with an OSHA Compliance Safety and Health Officer (CSHO) during a worksite inspection of a workplace? A new OSHA rule seeks to dramatically broaden this group to include union agents, even in non-union workplaces.

Employers and employees typically have the right to have a third-party representative present during an OSHA inspection of a workplace. Traditionally, the employee representative must be an employee of the employer at the site being inspected. However, a new OSHA rule, which takes effect on May 31, 2024, “clarifies” that the employee representative may also be a non-employee third-party not affiliated with the employer. Additionally, the new rule no longer limits employees' options for third-party representation during OSHA inspections to persons with formal credentials, such as an industrial hygienist or safety engineer. Thus, the new rule broadens the scope of representation, potentially altering the dynamics of workplace inspections and introducing new challenges for employers.

Employers should be wary of the potential implications of the vague new “Walkaround” Rule. For example, the new rule inevitably invites labor activists or even plaintiffs’ attorneys into non-union workplaces to potentially influence union organizing campaigns. Moreover, the new rule leaves much to be desired in terms of how outside representatives will be selected in non-union workplaces. The unclear process ultimately grants the CSHO considerable discretion in determining who accompanies them during inspections.

Employers should take every precaution possible when OSHA knocks on their door for inspections. This includes asking the pertinent questions; raising appropriate objections to third-party representatives when necessary; and lawfully limiting access to an employer’s worksite and the third-party representatives’ involvement during onsite inspections. Neglecting these measures could lead to regrettable consequences for employers, as the presence of OSHA’s newfound third wheel may result in unforeseen challenges and adverse outcomes that extend far beyond an unfavorable OSHA inspection. A starting point should be a legal review of an employer’s solicitation and distribution rules.

Stranger Danger: OSHA's New Rule Permits Enigmatic Third Wheel at Inspections

Who exactly can tag-along with an OSHA Compliance Safety and Health Officer (CSHO) during a worksite inspection of a workplace? A new OSHA rule seeks to dramatically broaden this group to include union agents, even in non-union workplaces.

Employers and employees typically have the right to have a third-party representative present during an OSHA inspection of a workplace. Traditionally, the employee representative must be an employee of the employer at the site being inspected. However, a new OSHA rule, which takes effect on May 31, 2024, “clarifies” that the employee representative may also be a non-employee third-party not affiliated with the employer. Additionally, the new rule no longer limits employees' options for third-party representation during OSHA inspections to persons with formal credentials, such as an industrial hygienist or safety engineer. Thus, the new rule broadens the scope of representation, potentially altering the dynamics of workplace inspections and introducing new challenges for employers.

Employers should be wary of the potential implications of the vague new “Walkaround” Rule. For example, the new rule inevitably invites labor activists or even plaintiffs’ attorneys into non-union workplaces to potentially influence union organizing campaigns. Moreover, the new rule leaves much to be desired in terms of how outside representatives will be selected in non-union workplaces. The unclear process ultimately grants the CSHO considerable discretion in determining who accompanies them during inspections.

Employers should take every precaution possible when OSHA knocks on their door for inspections. This includes asking the pertinent questions; raising appropriate objections to third-party representatives when necessary; and lawfully limiting access to an employer’s worksite and the third-party representatives’ involvement during onsite inspections. Neglecting these measures could lead to regrettable consequences for employers, as the presence of OSHA’s newfound third wheel may result in unforeseen challenges and adverse outcomes that extend far beyond an unfavorable OSHA inspection. A starting point should be a legal review of an employer’s solicitation and distribution rules.

Stranger Danger: OSHA's New Rule Permits Enigmatic Third Wheel at Inspections

Who exactly can tag-along with an OSHA Compliance Safety and Health Officer (CSHO) during a worksite inspection of a workplace? A new OSHA rule seeks to dramatically broaden this group to include union agents, even in non-union workplaces.

Employers and employees typically have the right to have a third-party representative present during an OSHA inspection of a workplace. Traditionally, the employee representative must be an employee of the employer at the site being inspected. However, a new OSHA rule, which takes effect on May 31, 2024, “clarifies” that the employee representative may also be a non-employee third-party not affiliated with the employer. Additionally, the new rule no longer limits employees' options for third-party representation during OSHA inspections to persons with formal credentials, such as an industrial hygienist or safety engineer. Thus, the new rule broadens the scope of representation, potentially altering the dynamics of workplace inspections and introducing new challenges for employers.

Employers should be wary of the potential implications of the vague new “Walkaround” Rule. For example, the new rule inevitably invites labor activists or even plaintiffs’ attorneys into non-union workplaces to potentially influence union organizing campaigns. Moreover, the new rule leaves much to be desired in terms of how outside representatives will be selected in non-union workplaces. The unclear process ultimately grants the CSHO considerable discretion in determining who accompanies them during inspections.

Employers should take every precaution possible when OSHA knocks on their door for inspections. This includes asking the pertinent questions; raising appropriate objections to third-party representatives when necessary; and lawfully limiting access to an employer’s worksite and the third-party representatives’ involvement during onsite inspections. Neglecting these measures could lead to regrettable consequences for employers, as the presence of OSHA’s newfound third wheel may result in unforeseen challenges and adverse outcomes that extend far beyond an unfavorable OSHA inspection. A starting point should be a legal review of an employer’s solicitation and distribution rules.

Stranger Danger: OSHA's New Rule Permits Enigmatic Third Wheel at Inspections

Who exactly can tag-along with an OSHA Compliance Safety and Health Officer (CSHO) during a worksite inspection of a workplace? A new OSHA rule seeks to dramatically broaden this group to include union agents, even in non-union workplaces.

Employers and employees typically have the right to have a third-party representative present during an OSHA inspection of a workplace. Traditionally, the employee representative must be an employee of the employer at the site being inspected. However, a new OSHA rule, which takes effect on May 31, 2024, “clarifies” that the employee representative may also be a non-employee third-party not affiliated with the employer. Additionally, the new rule no longer limits employees' options for third-party representation during OSHA inspections to persons with formal credentials, such as an industrial hygienist or safety engineer. Thus, the new rule broadens the scope of representation, potentially altering the dynamics of workplace inspections and introducing new challenges for employers.

Employers should be wary of the potential implications of the vague new “Walkaround” Rule. For example, the new rule inevitably invites labor activists or even plaintiffs’ attorneys into non-union workplaces to potentially influence union organizing campaigns. Moreover, the new rule leaves much to be desired in terms of how outside representatives will be selected in non-union workplaces. The unclear process ultimately grants the CSHO considerable discretion in determining who accompanies them during inspections.

Employers should take every precaution possible when OSHA knocks on their door for inspections. This includes asking the pertinent questions; raising appropriate objections to third-party representatives when necessary; and lawfully limiting access to an employer’s worksite and the third-party representatives’ involvement during onsite inspections. Neglecting these measures could lead to regrettable consequences for employers, as the presence of OSHA’s newfound third wheel may result in unforeseen challenges and adverse outcomes that extend far beyond an unfavorable OSHA inspection. A starting point should be a legal review of an employer’s solicitation and distribution rules.