Worker Walkaround Representatives
When OSHA inspects your workplace, the law gives workers the right to have a representative walk the site with the inspector, just as the employer does. The representative helps the inspector see the real hazards and hear from the people who face them.
- Construction
- General Industry
- All workers
The right
Section 8(e) of the OSH Act says a representative of the employer and a representative authorized by the employees must be given a chance to go along during the physical inspection. The inspector can also talk privately with workers during the walkaround.
Who can be the representative
- In a union workplace: usually a union steward or safety representative chosen under the union’s rules.
- In a non-union workplace: a coworker the workers choose, such as a safety committee member.
- A person from outside the company: under a rule OSHA issued in 2024, the representative can also be a third party, such as a union representative, an industrial hygienist or someone who speaks the workers’ language, if the inspector finds they are reasonably necessary to a thorough inspection because of their knowledge, skills or experience.
If no one has been authorized, the inspector talks with a reasonable number of workers about safety and health instead.
Legal status may change: The 2024 rule on outside representatives was challenged in court. Check OSHA’s walkaround page or your state plan for the current rule before relying on it. State plans may have their own rules.
What the representative can do
- Point out hazards and areas the inspector should see
- Explain how work is actually done, not just how it’s supposed to be done
- Help coworkers talk to the inspector, including interpreting
- Take part in the opening and closing conferences (sometimes held separately from the employer)
- Tell coworkers what happened and what the inspector found
The inspector can limit the representative’s role if they disrupt the inspection, and areas with trade secrets may have limits on who can enter.
How to prepare
- Decide ahead of time, as a crew or committee, who your representative will be
- Keep a list of hazards, near misses and injuries, with dates
- Know where the problem areas are and which shifts or tasks are worst
- Bring a notebook; write down what the inspector looks at and says
- Tell coworkers they can speak to the inspector privately
Protection from retaliation
You can’t be fired, disciplined or treated worse for being a walkaround representative or for talking to the inspector. If it happens, file a retaliation complaint with OSHA quickly; under federal law the deadline is generally 30 days. Whether you’re paid for walkaround time can depend on your employer, union contract and state law. See Whistleblower Protection.
Standards & references
- 29 CFR 1903.8: Representatives of employers and employees
- OSH Act Section 8: Inspections, investigations and recordkeeping
- OSHA: Worker walkaround representative rule
- See also: OSHA Inspections · Your Rights as a Worker · How Unions Work
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