Cal/OSHA’s Division of Occupational Safety and Health has published revisions to its version of the so-called “walkaround” rule on who can accompany inspectors on workplace visits. Comments on the changes are due by July 16th.
The new regulation, Director’s Regulations §331.8, would implement a federal regulation expanding who can be considered a representative for purposes of accompanying Cal/OSHA inspectors on site visits. It would allow employees in nonunion workplaces to designate a representative to “assist” in inspections.
Critics say the change could allow third parties, such as plaintiff attorneys or a union representative in a nonunion shop, if chosen by the employee, to insert themselves into the inspection process. The federal regulation upon which the California version is based is under challenge in the federal courts.
The proposed Cal/OSHA modifications are in sections (a) and (b):
(a): “A representative of the employer and a representative authorized by employees shall be given an opportunity to accompany the Chief or their representative during the inspection of any workplace for the purpose of aiding such inspection.”
(b): “When the representative(s) authorized by employees is not an employee of the employer nor the collective bargaining representative, they may accompany the Chief or their representative during the inspection if, in the judgment of the Chief or their representative, good cause has been shown why their participation accompaniment is reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace….”
DOSH says the changes are based on stakeholder comments.
Submit comments on the proposed modifications to walkaroundrule@dir.ca.gov or by snail mail to Silas Shawver, Staff Counsel, Cal/OSHA Legal Unit, 1515 Clay St., Suite 1901, Oakland, CA 94612.