In a recent Business Insurance article, Spencer Fane attorney Andrew Brought discusses concerns raised by the revisions to the updated walkaround rule, which now allows for third-party inspections. The Occupational Safety and Health Administration (OSHA) finalized this rule in March, and it will come into effect on May 31.
The revised rule grants employees the right to have a non-employee representative accompany an OSHA compliance officer during workplace inspections if it is deemed “reasonably necessary” based on their skills, knowledge, or experience. Some worry that this could lead to ulterior motives among disgruntled parties, while proponents argue that it provides essential protection for employees who may feel intimidated.
The article features various perspectives from individuals affected by the new rule, including legal experts. Andrew, who represents manufacturers, industrial clients, and businesses, suggests that employers who are skeptical should evaluate whether the third-party representative is indeed necessary. He advises challenging requests for third-party participation if there is no legitimate reason and potentially requiring an administrative warrant.
As an attorney at Spencer Fane, Andrew provides guidance to clients facing complex issues related to health, safety, and environmental regulations. He is often called upon to assist with crisis management, strategic responses, and incident investigations.
For more insights on the finalized OSHA rule, you can visit the article.