OSHA’s Walkaround Rule: What Third-Party Representatives Mean for Your Inspections

6 min read

Most employers think of an OSHA inspection as a conversation between the compliance officer and the company. A rule that took effect in 2024 changed that assumption, and it’s still working its way through the courts — which means it could still be very much in play the next time an inspector shows up at your door.

What the rule actually says

OSHA’s amended “Representatives of Employers and Employees” regulation, effective May 31, 2024, clarifies that employees may designate a third party — someone who isn’t an employee of the company, such as a union representative, an attorney, or an industrial hygienist — to accompany the compliance safety and health officer (CSHO) during a workplace walkaround. The rule doesn’t require this in every inspection; it applies when the CSHO determines the representative’s participation is “reasonably necessary” for an effective inspection, based on their skills, knowledge, or experience relevant to the hazards being evaluated.

Where the legal fight stands

The rule is currently being challenged in federal court. The U.S. Chamber of Commerce and other business groups sued OSHA in the U.S. District Court for the Western District of Texas, arguing the agency overstepped its authority by expanding who can participate in inspections beyond what the underlying statute contemplates. Summary judgment motions have been actively litigated, and as of now there’s no final resolution — the rule remains in effect while the case proceeds. That’s an important nuance: “under legal challenge” doesn’t mean “suspended.” Employers should plan as though it applies today.

What this means on the day of an inspection

If a CSHO determines a third-party representative is warranted, that person may walk your floor, observe conditions, and potentially be present for employee interviews, subject to the CSHO’s discretion. For employers, that raises the stakes on two fronts: your facility needs to reflect what a properly maintained, compliant workplace actually looks like on any given day, not just when you know an inspection is coming — and your team should know how to conduct themselves professionally when outside observers are part of the process.

How to prepare either way

Regardless of how the litigation resolves, the fundamentals don’t change: know your rights during an inspection, have a designated point of contact ready to accompany the CSHO, keep documentation of your safety programs current and accessible, and address obvious hazards before they’re ever spotted by an outside party. A facility that’s audit-ready by habit has far less to worry about from any visitor — third party or otherwise.