UPDATE #2: Worker Walkaround Representative Designation Process

***Update: In an unexpected turn of events, The Office of Management and Budget (OMB) finished its final review of the worker walkaround representative designation process which paved the way for the Occupational Safety and Health Administration (OSHA) to publish its final rule today, April 1, 2024. As many of you know,

 “OSHA is amending its Representatives of Employers and Employees regulation to clarify that the representative(s) authorized by employees may be an employee of the employer or a third party; such third-party employee representative(s) may accompany the OSHA Compliance Safety and Health Officer (CSHO) when, in the judgment of the CSHO, good cause has been shown why they are reasonably necessary to aid in the inspection. OSHA also clarified that a third party may be reasonably necessary because of their relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces, or language or communication skills.”

Now that the final rule has been officially published in the Federal Register, this final rule will go into effect May 31, 2024. To learn more about this final rule and how it may affect you, keep scrolling down for the original post and updates! ***

UPDATE #1: Worker Walkaround Representative Designation Process

Update: For those of you who were following the proposed rule change where the Occupational Safety and Health Administration (OSHA) planned to amend its regulations to clarify who may act as a representative on behalf of employees during an OSHA inspection, may recall that on February 9, 2024, the proposed rule was sent to the Office of Management and Budget (OMB) for final review. We originally estimated it would take approximately 90-120 days until its publication in the Federal Register, however it is currently at a little less than halfway there at 48 days and should hopefully be finalized sooner than later.

For those of you who may have missed the original blog post, you can continue reading below to get a more in depth look at what changes are being proposed. Don’t forget to follow us to ensure you get the most up-to-date information that may affect you or your business in all things hazardous materials transportation.

OSHA Proposed Rule Enters Final Stage

Worker Walkaround Representative Designation Process

Like many of us, you may have missed the Occupational Safety and Health Administration’s (OSHA) proposed rule on the Worker Walkaround Representative Designation Process published in the Federal Register on August 30, 2023. In it, OSHA is proposing to amend its regulation to clarify who may act as a representative on behalf of employees during an OSHA inspection.

If approved, it would expand the conditions under 1903.8 (c) that clarify who is allowed to represent employees such as another employee of the employer or a non-employee third party.  The caveat is the compliance office conducting said inspection will also determine if the third party is “reasonably necessary to aid in the inspection.” Unfortunately, this proposed rule is closed for comment as it was recently submitted to the Office of Management and Budget (OMB) for final review on February 9, 2024.

The review typically takes on average 90-120 days and will be published in the Federal Register. Once, published we will update you on its effective date. In the meantime, while we wait for this final rule to be published, if you enjoyed this short read make sure to check out our other blogs to catch up on other regulatory news. And don’t forget to follow us on all our social media accounts at Facebook and LinkedIn to ensure you never miss an update! Lastly, make sure to opt-in to our monthly newsletter monthly newsletter that offers you even more regulatory news, special offers, and industry insights.

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