OSHA Walkaround Rule clears OIRA review, publication imminent

On Friday, Feb 9, OSHA sent its worker walkaround final rule to the White House Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) for final review. OIRA is required to review all final regulatory actions before they are issued—this is the last step in the regulatory process before the final walkaround rule is published. OIRA completed its review of the OSHA Worker Walkaround Rule on March 20, 2024. The next step is publication of the final rule in the Federal Register.

The current rule allows employees to select a non-employee (third party), such as an industrial hygienist or safety professional, only if the CSHO agrees that the person is “reasonably necessary” to conduct an effective inspection. The final rule expands the criteria under 1903.8(c) for who employees can authorize to act as their representative during an OSHA inspection. OSHA says it clarifies the right of workers and certified bargaining units to specify a worker or union representative to accompany an OSHA inspector during the inspection process/facility walkaround, regardless of whether the representative is an employee of the employer, if in the judgment of the Compliance Safety and Health Officer (CSHO) this person is reasonably necessary to an effective and thorough physical inspection.

See  also: OSHA Walkaround Rule advances to Office of Information and Regulatory Affairs (OIRA)