OSHA Inspectors Given Broad Discretion Under New “Walk-Around” Rule

What happened: The Occupational Safety and Health Administration (OSHA) April 1 finalized its “Worker Walkaround” regulation. The new rule significantly expands the eligibility requirements for individuals who may be invited to accompany OSHA inspectors on a job site. Specifically, OSHA includes purposes such as language or communication skills, or any other reason approved by the inspector.

Why it matters: The change does not improve workplace safety and, in fact, may endanger the job site. In a Nov. 13 letter to the agency, ARTBA argued that, “third parties without knowledge of the complexities of a transportation construction job site…pose a safety risk to themselves and others through their lack of expertise in the protocols…” Additionally, the letter pointed out that, “…these third parties may participate to further their own purposes, unrelated to safety objectives,” noting that ARTBA members have shared past experiences where bad actors attempted to access proprietary information or evade privacy safeguards.

What’s next: ARTBA is conducting an exhaustive review of the regulation, its potential impacts, and how to proceed. For more information, contact Brad Sant or Prianka Sharma.