Worker Walkaround Representative Designation Process Rule
Worker Walkaround Rule
On April 1, 2024, OSHA published its final rule on the “Worker Walkaround Representative Designation Process.” Third parties, including union representatives at non-unionized worksites, are now permitted to accompany OSHA inspectors on worksite inspections if the inspector determines that the third party’s presence is “reasonably necessary.”
A coalition of industry groups challenged the final rule in Texas federal court, in the case captioned Chamber of Commerce of the United States of America, et al. v. OSHA, et al.. The plaintiffs argue that the rule exceeds OSHA’s statutory authority. Industry groups moved for summary judgment, and the case is fully briefed. The next step in the process should therefore come in the form of a decision from the judge with respect to summary judgment. Despite the pending litigation, the rule remains in effect as of May 31, 2024.