OSHA Issues Implementation Guidance for Worker Walkaround Rule

What happened: The Occupational Safety and Health Administration (OSHA) recently published interim guidance on its final worker walkaround rule, allowing a third-party representative to accompany an inspector if good cause is shown. The guidance outlines procedures for employee representation, third-party criteria, dispute resolution, and more. Read ARTBA’s regulatory summary.

Companies who fail to pre-designate an employee representative may have one assigned by a Compliance Safety and Health Officer (CSHO).  The CSHO may choose someone outside of the company and may also conduct interviews with employees to ensure effective participation.

ARTBA last week signaled support for an effort by Congresswoman Mary Miller (R-Ill.) to overturn the rule under the Congressional Review Act.

Why it matters: Company-designated safety representatives are essential for efficient OSHA inspections, ensuring compliance, quickly addressing safety concerns, and minimizing disruptions. Without one, inspections can be prolonged, less effective and allow OSHA to assign a representative from outside the company.  This will likely lead to operational delays, a higher risk of accidents, legal challenges, and damage to the employer’s reputation.

What’s next: The interim guidance takes effect once the rule is implemented on May 31. ARTBA members may contact Brad Sant or Prianka Sharma for more information.