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Worker walkaround rule moves to OMB

Non-employees and third parties can represent employees during “walkaround” portion of an OSHA inspection

Posted February 16, 2024

OSHA’s worker walkaround final rule was sent to the Office of Management and Budget (OMB) for review on February 9. The review generally takes 90 to 120 days; then the final rule will be published in the Federal Register. A late spring/early summer publication date is likely.

The rule expands the criteria under 1903.8(c) for who employees can authorize to act as their representative during an OSHA inspection. It clarifies that employees may authorize an employee or a non-employee third party if the compliance officer determines the third party is reasonably necessary to conduct an effective and thorough inspection.

OSHA issued the proposed walkaround rule last August and received comments during the initial and extended comment periods from stakeholders and other interested parties.

This article was written by Carmen King of J. J. Keller & Associates, Inc.

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