With the enforcement of the Occupational Safety and Health Administration’s (OSHA’s) “walkaround rule,” employers must be well-informed and prepared for the implications of this rule on their operations. This rule, set to take effect on May 31, 2024, empowers OSHA inspectors to be accompanied by third parties during onsite inspections. Continue reading for a comprehensive guide on what employers should know and do when an OSHA inspector arrives.
Implications Of The Walkaround Rule
The new Walkaround rule allows OSHA inspectors to be accompanied by union representatives, community activists, or any other third party considered necessary for the inspection. The following are key implications:
- Involvement of third parties: Third parties, including union organizers, can join OSHA inspectors during an inspection and even wear union apparel, potentially impacting the dynamics of the inspection.
- Limit on representatives: OSHA regulations limit the number of representatives who can accompany the inspector to one unless more are deemed necessary for the inspection.
Safety And Liability Concerns
Employers must also consider safety, liability, and confidentiality issues when third parties accompany an OSHA inspector:
- Safety protocol: Employers must ensure third parties adhere to all safety protocols, such as wearing appropriate personal protective equipment (PPE).
- Liability protections: Employers should protect themselves from tort liability by having non-employee representatives sign waivers of liability, especially in cases where they’re not covered by workers’ compensation.
- Confidential information: Employers may need to address concerns regarding the protection of trade secrets and confidential information viewed during an inspection, possibly requiring third parties to sign nondisclosure agreements.
Property Rights And Procedures
Employers should also be aware of their rights and develop specific procedures for handling OSHA inspections, including:
- Fourth Amendment rights: Employers should understand their rights under the Fourth Amendment and consider the need for a warrant or consent for the inspection to proceed.
- Establish procedures: Employers should establish clear procedures for when an OSHA inspector arrives, including designating a representative to accompany the inspector and addressing conduct during the inspection.
Preventing Interference With Inspections
To ensure that the inspection proceeds smoothly and without interference, employers should take proactive measures, including the following:
- Designate a representative: Designate a specific individual to meet the OSHA inspector and any accompanying third parties and join them during the inspection.
- Prevent interference: Employers should prevent activities by third-party representatives that could interfere with the inspection, such as engaging in disruptive behavior or union solicitation.
Prep Your Business For Success
When navigating the complexities of OSHA inspections, business owners can benefit from the support of a professional employer organization (PEO) like GMS. At GMS, we understand you didn’t start your small business to spend countless hours on compliance and the administrative functions of your business.
GMS works closely with your business to create a comprehensive risk management plan to keep your employees safe and your workers’ compensation rate down. These plans include a variety of workplace safety measures, including the following services:
- Onsite consulting
- Creation of workplace safety documentation and frameworks
- Jobsite inspections
- Job hazard analysis (JHA)
- Development of standard operating procedures (SOP)
- On-site and online training services
- OSHA inspection assistance
Be prepared when OSHA comes knocking on your door and partner with GMS. Get a quote today.