OSHA’s Walkaround Rule Raises Questions of Liability, Safety

OSHA’s new employee walkaround rule has raised a lot of questions.

The final rule went into effect on May 31, allowing employees to select a third-party representative to be present during OSHA inspections. The agency has touted the change as a way to improve inspections by increasing worker representation and making it easier for compliance officers to obtain more information about workplace safety.

“Worker involvement in the inspection process is essential for thorough and effective inspections and making workplaces safer,” Doug Parker, assistant secretary of labor for occupational safety and health, said in a press release.

But not everyone is happy with the rule. Opponents and employer groups have described it as vague, and say that adding more people to inspections raises questions about safety, liability and confidentiality.

A rule to match practice

Nevertheless, a 2017 court case found that allowing third parties to represent employees was a “valid interpretation,” but not consistent with the language of the rule. OSHA issued the final rule this year to change and clarify the agency’s view and ensure the text aligned with its previous interpretation that third parties are allowed on inspections.

Even before the final rule went into effect, multiple groups, including Associated Builders and Contractors, the National Association of Manufacturers and the  U.S. Chamber of Commerce filed suit in the Western District of Texas to challenge it. In particular, business groups take issue with the rule indicating labor representatives can visit sites that do not have union workers.

"By allowing outside union agents access to nonunion employers’ private property, OSHA is injecting itself into labor-management disputes and casting doubt on its status as a neutral enforcer of the law,” ABC said in a statement about the lawsuit.

Chambers agrees the rule “mainly benefits unions trying to get into companies that don’t have union contractors or representation,” he said. “It’s just a reflection of the political environment.”

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