Effective May 31, 2024, OSHA’s “Worker Walkaround Representative Designation Process” allows more third parties to join on-site inspections. Employees can now designate non-employee representatives for these inspections.
Employer Concerns:
Employers worry about third parties not meeting criteria. Previously, only experts like industrial hygienists were allowed. Now, employees can choose third parties if deemed necessary by the Compliance Safety and Health Officer (CSHO).
Third Party Participation:
The CSHO decides if a third party is necessary. Employers should ask about the third party’s organization and skills. If a third party has potential conflicts of interest, like ties to competitors or litigation, employers may consider denying entry.
Protecting Trade Secrets:
Employers can request that areas with trade secrets be inspected only by employees. Negotiating this with the CSHO might be tough. Non-disclosure agreements might not fully protect trade secrets.
Employer Rights:
Third parties can’t take photos or talk to employees outside of the inspection’s scope. Employers should ensure these rules are followed and may deny entry if the third party is disruptive. Employers retain the right to remove disruptive individuals from their property.
Preparation: Employers should prepare questions for the CSHO about third party necessity and ensure adherence to OSHA’s guidelines. If necessary, they can deny entry to protect their interests and rights.