Despite contractors’ opposition, the U.S. Dept. of Labor published a final rule in the Federal Register April 1 concerning nonemployee representatives during workplace safety inspections. The rule, effective May 31, allows employees to select a third party to represent them during Occupational Safety and Health Administration inspections.
A nonemployee representative may be needed to provide knowledge such as experience with hazards or conditions in similar workplaces or language and communication skills, according to OSHA officials. They add that the rule is consistent with historic OSHA practice, but is needed for clarification following a 2017 court ruling that found an existing regulation, as written, only allowed employees as representatives.