The Occupational Safety and Health Administration (OSHA) recently finalized a revised walkaround rule that allows for third-party inspections. This rule will go into effect on May 31, and it is causing concerns among various stakeholders. Under the updated rule, employees have the right to authorize a non-employee representative to accompany an OSHA compliance officer during workplace inspections if they are considered a “reasonably necessary” party based on their skills, knowledge, or experience.
The potential risks of allowing third-party representatives include ulterior motives among disgruntled parties and intimidation of employees. However, others view it as essential protection for workers facing harassment in the workplace.
Andrew Brought from Spencer Fane was featured in a recent Business Insurance article discussing this issue. As an attorney with extensive experience in health, safety, and environmental regulations, Andrew advises employers who have doubts about the necessity of a third-party representative to carefully consider the situation before allowing them to participate in an inspection. If an employer believes there is no legitimate basis for the third-party’s presence, they may challenge it and require an administrative warrant. Andrew emphasizes the need for companies to evaluate the reasons behind the third-party’s inclusion in the inspection carefully.
At Spencer Fane, Andrew works with clients facing complex challenges related to health, safety, and environmental regulations. He helps them navigate crisis management situations, develop strategic responses, and conduct incident investigations. For more insights on the finalized OSHA rule, you can read the full article here.[/
