Cal/OSHA Releases Proposed Workplace Inspection “Walkaround” Rule

Key Takeaways

• Proposed rule clarifies employee representatives for Cal/OSHA inspections
• Allows employees, third parties, or union reps to accompany inspectors
• Union reps exempt from “necessity” requirement, unlike federal rule
• Inspectors may restrict representative participation and protect trade secrets
• Comments due April 1, 2026; public hearing same day

Summary

California’s Division of Occupational Safety and Health (Cal/OSHA) has issued a proposed rule that defines who may accompany inspectors during workplace safety walk‑arounds. The rule mirrors the 2024 federal OSHA “walkaround” standard but expands the definition of employee‑authorized representatives to include employees, third‑party experts, and collective‑bargaining representatives, while exempting unions from a necessity test. It also grants inspectors authority to limit representative involvement and adds trade‑secret protections. Comments are accepted through April 1, 2026, with a public hearing scheduled for that date.

Pulse Analysis

California’s occupational safety landscape is about to change as Cal/OSHA unveils a draft rule that aligns state inspection practices with the recent federal “walkaround” regulation. While the federal rule introduced a flexible framework for employee‑authorized representatives, California’s version adds nuance by explicitly naming employees, third‑party specialists, and union representatives as eligible participants. The state’s unique approach reflects its authority to adopt standards that are at least as effective as federal ones, allowing it to tailor provisions to local labor dynamics and industry concerns.

A key divergence from the federal model lies in the treatment of collective‑bargaining representatives. Cal/OSHA assumes unions possess the requisite knowledge and communication channels, exempting them from the “reasonably necessary” test that third‑party experts must satisfy. Additionally, the proposal empowers inspectors to curtail representative involvement when it could impede the inspection, and it introduces trade‑secret safeguards that require representatives in sensitive areas to be employees or authorized company personnel. These provisions aim to balance thorough safety assessments with protection of proprietary information.

For employers, the draft rule signals a need to revisit inspection protocols, training, and legal counsel engagement. Companies should assess who qualifies as an employee‑authorized representative under the new definitions and update internal policies to accommodate potential inspector‑driven limitations. The public comment window closes on April 1, 2026, offering a brief but critical period for stakeholder input. Proactive participation can shape final language, mitigate compliance costs, and ensure that safety inspections remain effective without unduly disrupting operational confidentiality.