b'US Department of Labor issues final rulechoosing representation during the OSHA inspection to clarify rights to employeeprocess, and this rule returns us to the fair, balanced approach Congress intended. representation during OSHA inspections The rule is effective on May 31, 2024. WASHINGTONThe U.S. Department of LaborAgency: Occupational Safety & Health Administration today announced a final rule clarifying the rights of employees to authorize a representative toDate: March 29, 2024 accompany an Occupational Safety and HealthRelease Number 24-215-NAT Administration compliance officer during an inspection of their workplace will be published in the Federal Register on April 1.Media Contact: Frances AlonzoThe Occupational Safety and Health Act gives thePhone Number: 202-693-5261 employer and employees the right to authorize aEmail: alonzo.frances@dol.gov representative to accompany OSHA officials during a workplace inspection. The final rule clarifies that, consistent with the law, workers may authorizeMedia Contact: Patrick Malone another employee to serve as their representative orPhone Number select a non-employee. For a non-employee representative to accompany the compliance officer(202) 997-3512 in a workplace, they must be reasonably necessaryEmail: malone.patrick.m@dol.gov to conduct an effective and thorough inspection.Consistent with OSHAs historic practice, the rule clarifies that a non-employee representative may be reasonably necessary based upon skills, knowledge or experience. This experience may include knowledge or experience with hazards or conditions in the workplace or similar workplaces, or language or communication skills to ensure an effective and thorough inspection. These revisions better align OSHAs regulation with the OSH Act and enable the agency to conduct more effective inspections. OSHA regulations require no specific qualifications for employer representatives or for employee representatives who are employed by the employer. The rule is in part a response to a 2017 court decision ruling the agencys existing regulation, 29 CFR 1903.8(c), only permitted employees of the employer to be authorized as representatives. However, the court acknowledged that the OSH Act does not limit who can serve as an employee representative and that OSHAs historic practice was a persuasive and valid construction of the OSH Act. Todays final rule is the culmination of notice and comment rulemaking that clarifies OSHAs inspection regulation and aligns with OSHAs longstanding construction of the act. Worker involvement in the inspection process is essential for thorough and effective inspections and making workplaces safer, said Assistant Secretary for Occupational Safety and Health Doug Parker. The Occupational Safety and Health Act gives employers and employees equal opportunity for20'