As previously alerted, federal OSHA’s May 2024 walkaround rule clarified that employees, like employers, have the right to designate a non-employee third party to be their representative during worksite inspections. If federal OSHA establishes a new standard, state-plan states such as California must adopt their own standard that is at least as effective as the new federal standard within six months. (See 29 CFR 1953.5(a)(1).) Although late, in February 2026, Cal/OSHA published a Notice of Proposed Rulemaking seeking to add a section to the California Code of Regulations titled, “Regulating the Process for Representatives of Employers and Authorized Representatives of Employees to Accompany the Division During Workplace Inspections.” The proposed new 8 C.C.R. section 331.8 consists of four subsections, which are summarized below.
Cal/OSHA Is the Final Decision-Maker
An employer representative and a representative “authorized by employees” shall be given an opportunity to accompany Cal/OSHA inspectors during workplace inspections. Cal/OSHA may permit additional representatives. Cal/OSHA “shall have authority to resolve all disputes as to who are the representatives authorized by the employer and the employees.” Employers should note that although they may object to someone’s participation in the...
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