The U.S. Department of Labor (DOL) announced a new proposed rule to broaden who can be authorized to accompany Occupational Safety and Health Administration (OSHA) compliance officers during workplace inspections.
Under the proposed rule, released on Aug. 29, employees may authorize an employee or a nonemployee third party, if the OSHA compliance officer determines the third party is reasonably necessary to conduct an effective and thorough inspection. The third party would need the inspector's permission, but not the employer's permission.
The proposal clarifies that these third-party representatives would not be limited to industrial hygienists or safety engineers. They may be deemed reasonably necessary because they have skills, knowledge or experience that may help inform the compliance officer's inspection. For example, they could have experience with particular hazards, workplace conditions or language skills that could improve communications between OSHA representatives and workers.
"This proposal aims to make inspections more effective and ultimately make workplaces safer by increasing opportunities for employees to be represented in the inspection process," said Assistant Secretary for Occupational Safety and Health Doug Parker.
The federal Occupational Safety and Health (OSH) Act gives the employer and employees the right to have a representative authorized by them accompany OSHA inspectors to aid an investigation.
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