DOL Proposes Changes to Authorized Employee Representation During Inspections

On August 29^th, the Department of Labor (DOL) proposed a new rulemaking relating employee representation during inspections. The proposed rule clarifies that “employees may authorize an employee, or they may authorize a non-employee third party if the compliance officer determines the third party is reasonably necessary to conduct an effective and thorough inspection”.  It further clarifies that third party representatives are not limited to industrial hygienists or safety engineers; they may be chosen based on their respective knowledge, skills, and experience, which will help the OSHA inspection.  Assistant Secretary for OSHA Health, Doug Parker, explains the goal of this change is to increase the effectiveness of inspections, and increase the representation of employees in the inspection process.  This proposed rule does not change any previous regulations and still allows for OSHA compliance officers to determine who is authorized for walkaround inspections and who is not.  Public comments on the proposed rule change are open until October 30^th, 2023, and can be found here.