DOL Finalizes Rule Clarifying Employee Representation Rights During OSHA Workplace Inspections

April 11, 2024
Michael Bivona
Educational Materials

The Department of Labor has recently released a Final Rule providing employees greater protections during federal workplace inspections under OSHA. The Final Rule clarifies the Occupational Safety and Health (OSH) Act by stating unequivocally that employees are permitted to appoint an employee or a non-employee representative to accompany an OSHA inspector during a workplace inspection.


There are no needed qualifications for an employee or a non-employee representative that must be fulfilled before they are allowed to accompany the OSHA inspector. This will allow the employee to select the individual they believe will best ensure a fair and unbiased inspection without undue red tape. However, it should be noted that an employee may only use a non-employe representative if it is reasonably necessary to carry out an inspection.


As this is technically a clarification (rather than a new rule entirely), it will take effect immediately. You can find the entire Final Rule HERE.


Heather Reynolds, ESQ

CCO - Administrative Officer
FNA Insurance Services, Inc.
516-348-7199 |[email protected]

Michael Bivona

Compliance Paralegal
FNA Insurance Services, Inc.
516-348-7135 |[email protected]