The California Division of Occupational Safety and Health, better known as Cal/OSHA, has formally proposed a new regulation that would spell out who may accompany agency inspectors during on-site workplace inspections — a move aimed at aligning California’s rules with recent federal changes and clarifying long-standing statutory language.

Under existing California labor code, both an employer and a representative authorized by employees must be given the opportunity to accompany the inspector. Until now, there has been no state regulation explaining who qualifies as an “authorized representative.”

The proposed rule largely tracks the logic of the federal OSHA walk-around rule adopted in 2024, which confirmed that employees may designate nonemployee third parties to accompany inspectors if the compliance officer finds their participation “reasonably necessary” for an effective inspection. As a state plan under federal law, California must maintain workplace safety standards that are at least as effective as federal OSHA’s, prompting the need for this regulatory action.

Key provisions in the proposal would:

  • Require that both employer and employee-authorized representatives be allowed to accompany Cal/OSHA inspectors.
  • Expand the definition of “employee-authorized representative” to include employees, collective bargaining representatives, and third parties whose participation is deemed reasonably necessary.
  • Give Cal/OSHA inspectors broad discretion to resolve disputes over representatives and to limit or remove any individual whose conduct interferes with a fair inspection.
  • Protect trade secrets by restricting access in sensitive areas to employee representatives who work there or by requiring Cal/OSHA to consult with employees about conditions in those areas.

The proposal differs in some respects from the federal rule. Notably, California’s draft does not require collective bargaining representatives to show good cause for participating, assuming they have the necessary knowledge and experience.

Cal/OSHA is accepting written comments and will hold a public hearing in April.

Employers and labor groups are watching closely, as the rule could change the dynamics of inspections and influence how workplace hazards are investigated and communicated in California.