On Aug. 30, DoL proposed to amend worker designation process.
DoL OSHA proposed to amend Representatives of employers, employees regulation.
Proposed Amendments
Clarifies that representative authorized may be employee of employer or a third party.
Includes third-party employee representative(s) to accompany OSHA Compliance Safety and Health Officer (CSHO) when reasonably necessary to aid in the inspection.
Also proposed clarifications of the relevant knowledge, skills, or experience with hazards or conditions in the workplace, or language skills of third-party representative.
Preliminarily determined that the proposed changes will aid workplace inspections by better enabling employees to select a representative of their choice to accompany.
Employee representation during the inspection is critically important to ensuring OSHA obtains the necessary information about worksite conditions and hazards.
Consultation
Comments should be submitted by Oct. 30, 2023.
Oct. 2023 Extended Comment Period
On Oct. 16, 2023, DoL extended comment period by two weeks, until Nov. 13, 2023.
Apr. 2024 2024 DoL Final Rule
On Apr. 1, 2024, DoL published final rule clarifying rights to employee representation.
The rule clarifies that a non-employee representative may be reasonably necessary based upon skills, knowledge or experience; the final rule is effective on May 31, 2024.
DoL press release states rule is in part a response to 2017 court decision ruling that DoL existing regulation only allowed employees of employer to be authorized as reps.
