OSHA issues final Worker Walkaround Representative Designation Process Rule

The U.S. Occupational Safety and Health Administration (OSHA) has announced significant changes to its Worker Walkaround Representative Designation Process rule, which will impact how inspections are conducted in the workplace.

OSHA published its final “Worker Walkaround Representative Designation Process” rule on April 1, 2024 in the Federal Register. This regulation will become effective on May 31, 2024.

The key amendment, detailed in 29 CFR § 1903.8(c), expands the scope of employee representation during OSHA inspections. Under the new rule, employees may designate either a fellow employee or a non-employee third party to serve as their representative during OSHA inspections, if in the judgement of the OSHA Compliance Safety and Health Officer (CSHO) good cause has been shown why they are reasonably necessary to aid in the inspection. This represents a departure from previous limitations, allowing for a broader range of individuals to participate including non-employee and third-party representatives.

Foundry Industry leaders, such as NFFS, have expressed concern regarding the lack of clarity in exactly how the designation process will operate, as well as concern regarding the lack of detail in the event an employer objects to a third-party employee representative and the apparent lack of limitation in the number of employee representatives OSHA may include in the inspection.

As foundries look ahead to the May 31, 2024 effective date for the new rule, they should review their organizational entry policy to ensure it identifies the individuals who are authorized to admit OSHA inspectors into your facility. If an OSHA inspector arrives at your foundry for an inspection, with or without a third party representative, NFFS members are reminded to contact NFFS immediately for assistance.