OSHA Amends Representatives of Employers and Employees Rule

Posted on 4/2/2024 by Lion Technology Inc.

In a Final Rule effective May 31, 2024, OSHA amended its Representatives of Employers and Employees regulation. The revised regulation aims to clarify rules for who may accompany an OSHA Compliance Safety and Health Officer (CSHO) during a workplace safety inspection. 

The Rule clarifies that "that the representative(s) authorized by employees may be an employee of the employer or a third party..."

The CSHO must agree that a representative is reasonably necessary to aid in the inspection. OSHA also adds context to the regulation about when a third party may be reasonably necessary:

  • Relevant knowledge/skills.
  • Language or communication skills.
  • Experience with hazards or conditions in the workplace or similar workplaces.

Read the April 1 Final Rule.

From the Rule: 

"OSHA concluded that these clarifications aid OSHA’s workplace inspections by better enabling employees to select representative(s) of their choice to accompany the CSHO during a physical workplace inspection. Employee representation during the inspection is critically important to ensuring OSHA obtains the necessary information about worksite conditions and hazards."

OSHA Amends Representatives of Employers and Employees Rule

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