California is considering changes to its workplace inspection rules that would expand who may accompany inspectors during on-site Cal/OSHA inspections. Cal/OSHA has published a proposed rulemaking and will have a public hearing on April 1, 2026. It is also accepting written comments through that date. Written comments may be submitted through that date to walkaroundrule@dir.ca.gov.

As a state-plan state, California must maintain standards and enforcement that are “at least as effective” as federal OSHA. That benchmark shifted in a meaningful way on May 31, 2024, when the federal OSHA updated “walkaround” rule went into effect and expressly confirmed that employees may designate non-employee third parties to accompany an inspector, so long as the compliance officer determines their presence is reasonably necessary for an effective and thorough inspection. However, because California Labor Code section 6314 already provided employee‑authorized representatives the right to accompany inspectors during workplace inspections, it was not clear whether California would adopt new regulations in response to the federal changes.

Under the federal OSH Act, both the employer and an employee-authorized representative must be given an opportunity to accompany the compliance officer during the physical inspection. The updated regulation makes it explicit that the employee representative does not have to be an employee. A third party may be permitted if the compliance officer finds “good cause” and determines that the third party is reasonably necessary because they bring relevant expertise about hazards, or because they can facilitate communication.

California’s draft regulation generally follows the federal rule. Here is an overview:

• It would require that both employer and employee-authorized representatives be allowed to accompany Cal/OSHA on workplace inspections.

• It would allow non-employee third parties to participate if they are “reasonably necessary for an effective and thorough inspection.” However, unlike the federal rule, California’s draft regulation exempts collective bargaining representatives from this requirement and assumes that they have the “necessary knowledge and experience and experience of the workforce and workplace.”
• Cal/OSHA inspectors would have broad discretion to limit representatives’ interactions or remove them if needed.
• It would allow multiple representatives for both employers and employees, with the inspector having final authority to resolve any disputes over who may participate.
• It would provide trade secret safeguards by restricting access to trade secret areas to employee representatives.  

The federal rule is currently facing legal challenges and has been the subject of rescission requests.  If the federal rule is rescinded and Cal/OSHA nonetheless adopts a state analog, it is likely that it too will face legal challenges.

For employers, the practical takeaway is that third-party accompaniment is no longer an edge case under federal OSHA. Jackson Lewis will continue to track this and related proposed regulations. If you have questions about Cal/OSHA proposed regulations or related issues, contact a Jackson Lewis attorney to discuss.