Biden Administration’s Department of Labor Recognizes Workers’ Right to Union Representative During Safety Walkaround

The US Department of Labor (DOL) published a final rule clarifying the rights of employees to authorize a worker representative to be present during an OSHA inspection of their workplace.

After confusion related to the rule in 2017, the DOL clarified that a non-employee representative may be reasonably necessary based upon skills, knowledge, experience, language, or communication skills regardless of whether this representative was employed at the same worksite by the same employer.

There are several methods by which a Certified Safety and Health Official may determine whether employees should have a walkaround representative. Should a BAC brother or sister, or any other worker covered under a collective bargaining agreement, file an OSHA complaint form, they will be asked whether they are an authorized representative of the employees.

At jobsites where workers are represented by a recognized collective bargaining agent, the highest-ranking union official or representative on-site will designate the walkaround representative. For more information on the walkaround rule, consult your local representative or visit www.osha.gov.