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OSHA to Expand Employee Discretion During Walkaround Inspections

October 24, 2023

Via: JD Supra

On August 29, 2023, the Occupational Safety and Health Administration (OSHA) issued a press release announcing proposed changes to the Representatives of Employers and Employees standard. In the past, although not explicitly allowed by OSHA regulations, the agency permitted third-party representatives, authorized by employees, to accompany OSHA during physical inspections, when deemed “reasonably necessary” by an OSHA compliance safety and health officer (CSHO). However, in 2016, a federal court found the practice inconsistent with OSHA regulations. Through its rulemaking powers, OSHA is attempting to reinstate the practice.

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