The Occupational Safety and Health Administration's (OSHA) final "Walkaround" Rule goes into effect on May 31, 2024. This Rule broadens the scope of who can act as an "employee representative" during an OSHA "walkaround" inspection of a facility or a worksite. Going forward, an employee representative no longer has to be an employee of the employer. Under the new Rule, the representative can be a third party so long as the inspector determines that the individual is "reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace." Many expect that union organizers will try to utilize this regulatory change to assist in their efforts to organize new workplaces. What does this mean for your business? What should you do when an OSHA inspector arrives at your facility? Should you be taking proactive steps now vis-à-vis union organizing? We discuss these developments as well as some best practices for your business in response to these developments.
This program has been submitted to the HR Certification Institute and SHRM for review.