Consistent with its tradition of dropping surprise regulatory proposals near the end of the day before a holiday weekend, Cal/OSHA published a formal proposal on Friday the 13th, 2026, to promulgate a California version of federal OSHA’s so-called “worker walkaround rule.” That rule allows non-employee third parties to serve as an employee representative during an OSHA workplace inspection provided that third party is reasonably necessary to conduct an effective and thorough inspection. California employers should take note of this development and monitor it closely. There is a public hearing scheduled for April 1, 2026, whereby interested individuals will have the opportunity to present statements or arguments on the rule.
The Procedural Posture and Timing of the Proposed Rule Raise Eyebrows and Concerns
The proposal is framed as a so-called “Horcher amendment.” Such proposals involve rulemaking that allows Cal/OSHA to ensure it complies with its state plan approval from federal OSHA by maintaining standards that are “at least as effective” as federal standards. Such proposals may become effective under fast-track procedural requirements rather than through the full panoply of requirements generally applicable to Cal/OSHA rulemaking under California law, so long as the proposal is “substantially the same as the federal standard.”1
The timing of this particular Horcher proposal is intriguing (at least) given that the analogous federal regulation—29 C.F.R. § 1903.8—was...
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