Preparing for an OSHA Walkaround Inspection: A Guide for Employers

Ensuring readiness for an inspection by the Occupational Safety and Health Administration (OSHA) is essential for all employers. A critical aspect of this preparation is understanding OSHA’s "walkaround" rule, which defines who may accompany OSHA inspectors during workplace assessments.

Understanding the OSHA Walkaround Inspection

An OSHA inspection typically involves an on-site review by OSHA compliance officers who identify safety or health hazards in workplaces. The "walkaround" rule (29 CFR 1903.8) specifies which individuals, including employee representatives, may join inspectors during these visits.

In April 2024, OSHA amended this rule, substantially broadening the range of participants permitted in an inspection. Previously, inspections primarily involved only company employees or union representatives. Under the amended rule, however, OSHA compliance officers can authorize non-employee third-party representatives—such as union officials, safety consultants, or other experts—to participate if their involvement is deemed "reasonably necessary for conducting an effective and thorough inspection." Factors influencing this decision include the third party’s specialized knowledge about specific workplace hazards or their relevant communication and language skills.

How to Prepare for Your Next OSHA Walkaround Inspection

While the full implications of the expanded walkaround rule are still unfolding, employers should be prepared to manage increased complexity regarding confidentiality and proprietary information. It’s crucial to proactively establish clear guidelines for handling third-party participation during inspections.

To prepare effectively, employers should:

• Maintain control of the worksite. Unless OSHA has a warrant, they can only inspect a worksite with the consent of the employer. As a result, you can control how OSHA accesses the worksite. You may choose to permit OSHA to conduct the inspection while restricting or denying third-party access. Given the complexities involved in these decisions, it's advisable to consult legal counsel.
• Develop Clear Procedures: Clearly define procedures for third-party participation during OSHA inspections. Revise internal inspection protocols where necessary to anticipate and accommodate the involvement of third-party representatives. These procedures should balance compliance requirements with safeguarding proprietary or sensitive information.
• Train Management: Provide comprehensive training to management and supervisory personnel on the revised rules and procedures, highlighting effective communication, confidentiality practices, and ensuring management understands which workplace areas contain confidential or trade secret information and thus should remain off-limits to third-party representatives.

Legal Challenges Facing OSHA's Amended Walkaround Rule

The amended walkaround rule, effective since May 31, 2024, is facing legal challenges from employer groups questioning OSHA’s authority to broaden inspection participation.  It is also uncertain how the new administration will enforce the rule. Additionally, uncertainty remains regarding how the current administration will enforce the amended rule or conduct inspections under its provisions, adding another layer of complexity for employers. Employers should monitor these legal developments closely, as their outcomes could impact future compliance obligations and inspection protocols.

Conclusion

Proactively preparing for an OSHA inspection involves staying informed of regulatory changes, regularly reviewing and updating inspection procedures, and training your management team. Maintaining awareness of ongoing legal developments will also help your business remain compliant and well-prepared for OSHA inspections.

Stay informed and prepared to ensure your workplace remains safe, compliant, and ready for inspection.