Cal/OSHA proposes to expand who may accompany inspectors during workplace walkarounds

The California Division of Occupational Safety and Health (Cal/OSHA) issued a Notice of Proposed Rulemaking to establish new rules for employer and employee representatives during workplace inspections. The proposed rule defines who may serve as a “representative authorized by employees” during the walkaround portion of a Cal/OSHA inspection, a term that previously had no regulatory definition in California. The rulemaking aligns California with federal OSHA’s amendments to 29 CFR § 1903.8, which went into effect on May 31, 2024.

Key takeaway

The rule expands third parties allowed to accompany Cal/OSHA inspectors during workplace inspections, as long as their presence is deemed “reasonably necessary” for an effective and thorough investigation. Notably, the California proposal goes further than its federal counterpart: while federal OSHA requires all third parties to demonstrate their participation will aid the inspection, California’s rule presumes that union representatives have the necessary knowledge and experience to participate, allowing them to join any inspection without additional justification. Employers may object to a third party’s participation, but the inspector retains sole authority to resolve disputes. This distinction may make it easier for unions to participate in inspections at California workplaces than at workplaces subject only to federal OSHA. The written comment period closes on April 1, 2026, giving stakeholders a limited window to weigh in before the rule is finalized.

Background

California Labor Code Section 6314(d) has long provided that “a representative of the employer and a representative authorized by his or her employees shall have the opportunity to accompany” Cal/OSHA inspectors during workplace inspections. However, there was previously no California regulation defining who qualifies as an “authorized representative of employees.”

In practice, employee representatives have typically been involved only in unionized workplaces, while employer representatives routinely participate in inspections. In 2024, federal OSHA amended its standards to clarify that a broader range of people may serve as employee representatives during inspections. California’s proposed rule is described by the agency as “at least as effective” as the federal rule, as required under its state plan.

Key provisions of the proposed rule

1. Expanded definition of employee representatives: Under the proposed rule, an authorized employee representative may be an employee of the employer, a collective bargaining representative, or a third party. Third parties may participate if, in the inspector’s judgment, “good cause has been shown why their participation is reasonably necessary to the conduct of an effective and thorough physical inspection.”
2. Factors supporting third party participation: A third party’s presence may be deemed reasonably necessary based on their “relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces, or language or communication skills.”
3. Union representatives presumed necessary: Unlike the federal rule, the proposed rule does not require collective bargaining representatives to demonstrate that their participation will aid the inspection. Union representatives are presumed to have the necessary knowledge and experience to participate.
4. Inspector authority over the process: Cal/OSHA inspectors retain full authority over the inspection, including the ability to: (a) allow multiple representatives; (b) resolve disputes as to who may participate; (c) limit interactions between representatives; and (d) remove any person whose conduct interferes with the inspection.

Implications for employers

Employers should be aware that under the proposed rule:

• Third parties, including labor organizers, community-based organizations, and worker advocacy groups, may seek to accompany Cal/OSHA inspectors during workplace inspections.
• Employers may object to a third party’s participation, but the Cal/OSHA inspector has final authority to resolve disputes.
• Refusal to permit an inspection may result in Cal/OSHA seeking a search warrant from the Superior Court. 

Next steps

Cal/OSHA has scheduled a public hearing for April 1, 2026, at 10:00 am PT via Zoom. The written comment period closes at 11:59 pm PT on April 1, 2026. Written comments may be submitted by email to [email protected] or by mail to Cal/OSHA.