Department of Labor’s proposed rule vastly broadens the definition of third-party representatives at OSHA inspections

The Department of Labor has proposed a new rule amending who can be designated as a representative by employees to accompany OSHA compliance officers during workplace inspections. The proposed rule clarifies that employees have the right to authorize not only fellow employees but also non-employee third parties to act as their representatives during OSHA inspections. It also clarifies that the non-employee third-party representatives are not limited to those outlined in the existing regulation, such as industrial hygienists or safety engineers.

The wording of the proposed rule opens the floodgates of potential representatives that may be authorized. Under the proposed rule, the representative could be anyone the OSHA compliance officer deems to have “skills, knowledge, or experience that may help inform the inspection.” The rule’s language affords the compliance officer broad discretion to conduct an arbitrary evaluation process in their determination. This means that union representatives could be allowed to accompany OSHA compliance officers during inspections at non-union facilities. Ultimately, the proposed rule allows OSHA and unions to gain more power, influence, and access in the workplace.

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