TP25-12 Do You Have To Allow Anyone onto Your Facility

The US Department of Labor published a final rule in April 2024, changing how employees can select a third party (not connected to the workplace) to accompany an Occupational Safety and Health Administration (“OSHA”) compliance officer during a facility walkaround inspection.  This new rule allows nearly anyone to accompany the inspector and participate in the walkaround inspection, if the third party meets certain requirements. The third party could be a union representative, a journalist, a plaintiff’s attorney, or even a competitor. This paper will discuss the new rule, how it may impact employers, and some ways the impacts might be avoided.