New OSHA Rule: Protecting Employees from Workplace Inspections with Non-Employee Representatives

Andrew Provides Insight on OSHA Walkaround Rule in Business Insurance

In a recent Business Insurance article, Andrew Brought from Spencer Fane discusses the concerns raised by revisions to the updated walkaround rule. The Occupational Safety and Health Administration (OSHA) finalized this rule in March, which allows for third-party inspections. This new rule will take 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. While some worry that this could lead to ulterior motives among disgruntled parties, proponents argue that it provides essential protection for employees who may feel intimidated.

In his article, Andrew features various perspectives from individuals affected by the new rule, including legal experts. He advises employers who are skeptical to evaluate whether the third-party representative is indeed necessary and potentially require an administrative warrant if there is no legitimate reason for their participation. 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.

To learn more about the finalized OSHA rule, you can visit the article for more insights.

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