Cal/OSHA proposes to adopt federal ‘worker walkaround’ rule

In April 2024, federal OSHA issued a final rule addressing the workplace inspection process at 29 CFR 1903.8. California proposes to adopt the federal rule and add further provisions. The proposal would:

• Allow both a representative of the employer and a representative authorized by employees to accompany the Cal/OSHA inspector during the worksite inspection. The inspector is authorized to allow multiple representatives for employer and employee and to resolve any disputes as to who the representatives are.
• Establish who may be designated as the representative authorized by employees for purposes of accompanying the inspection;
• Establish the inspector’s authority to lead the inspection and ensure the conduct of the representatives who participate does not interfere with the effectiveness of the workplace inspection; and
• Allow the employer to protect trade secrets by requiring that any employee representative in an area containing trade secrets be an employee of the company. If this requirement results in excluding the only available employee representative, then the inspector will be required to interview employees who work in the area as part of the inspection.

A public hearing is scheduled for April 1, 2026, via Zoom; this is also the deadline for submitting comments on the proposal.