The Walkaround Rule After Year One: How To Prepare Your Front Of House And Keep Inspections Productive

The walkaround rule became a lightning rod when OSHA finalized it in 2024, but the basic idea is straightforward. The OSH Act gives both employers and employees the right to authorize someone to accompany the compliance officer during a physical inspection. The final rule, effective May 31, 2024, clarifies that employees may choose a non employee representative when that person is reasonably necessary to help the inspection. OSHA’s FAQs and interim guidance describe how compliance officers decide whether a third party is reasonably necessary, focusing on relevant experience with workplace hazards or similar workplaces and language or communication skills that make the inspection more effective. In practice, that means your shop can see a subject matter expert or community advocate at the table, even if you are a non union site, when their presence will improve the inspection.

The best preparation starts at the reception desk. Your front of house team should know exactly how to verify credentials, where to seat a compliance officer, and who to call. That sets a calm tone and avoids the scramble that can sour an inspection in the first five minutes. Once the officer presents credentials and explains why they are there, make your escort plan visible. Identify a primary management escort and a trained alternate. Choose a quiet room for document review and interviews. If the workforce designates a representative and that person is a third party, keep the process moving while the compliance officer assesses whether they are reasonably necessary under the rule. The determination is in OSHA’s hands, and the criteria focus on whether the person helps the inspection, not whether they agree with your approach. The FAQs and the interim memo explain that compliance officers will speak with employees and the designated representative to assess qualifications and significance to the inspection’s effectiveness.

From there, think like an auditor. Mirror what OSHA documents. If the officer photographs a pinch point without a guard, take the same photo. If they note a blocked exit route, write down the location and time. Correct what you can immediately without creating a different risk, then record what you did. Small corrections tell a story. They show that you treat hazards as problems to fix rather than debates to win. They also support penalty reductions later if a citation is issued. OSHA’s updated penalty guidance recognizes immediate abatement when an employer moves quickly and can show proof, which means the habits you build during an inspection can change the math at the end.

Interviews deserve planning too. Employees have the right to speak privately with OSHA. Managers and supervisors should answer questions directly and concisely. If a question is unclear, ask for clarification rather than guessing. Avoid the urge to over explain or speculate. Good interviews are grounded in what your team actually does, not what an ideal policy would look like. When the walkaround moves through production areas, set expectations with your escort team about stopping unsafe work, asking for temporary controls, or moving the route if the officer identifies a higher risk area they want to see first. You can protect proprietary processes by politely flagging confidential areas, but that is not a shield against access where safety is concerned. The rule emphasizes effective inspections. Your job is to facilitate that while keeping operations safe.

What about third party representatives who are vocal critics of your industry or who represent a labor organization? The rule does not bar them categorically. The standard asks whether the representative is reasonably necessary to conduct a thorough and effective inspection. OSHA’s guidance frames that determination around skills, experience, or communication needs. If the officer decides a third party is reasonably necessary, treat them as part of the inspection team and keep the inspection efficient. If the officer decides they are not necessary, accept the decision and proceed without delay. The ritualized argument at the threshold helps no one. The Federal Register notice and OSHA’s FAQs make it clear that discretion sits with the compliance officer, not with the employer or the proposed representative.

After the inspection, act fast on anything you can confirm without waiting for the citation packet. If the officer noted unlabeled secondary containers, update those labels today. If operators described a workaround that bypasses a guard, fix the process now and retrain. When the closing conference arrives, you want a list of concrete corrections and a plan for anything that requires parts, permits, or vendor time. If a citation is issued, read it carefully and decide whether to request an informal conference. Bring photos, training sign ins, maintenance records, and purchase orders. Bring a short, factual explanation of what changed and why the change will stick. That is the difference between negotiating an abstract number and negotiating based on a documented improvement.

One concern we hear from owners is the fear that a third party representative will turn an inspection into a referendum on company culture. The way through that concern is not a barricade. It is transparency married to discipline. Keep your logs accurate. Keep your training records current. Keep your written programs aligned with what people actually do. If the inspection finds hazards, accept the finding, fix them fast, and prove it. That posture signals respect for the process and for your workforce. It also places you inside the spirit of OSHA’s current enforcement posture, which rewards fast hazard abatement and recognizes the realities of small employer capacity. The goal is not to avoid scrutiny. The goal is to show that your operation learns quickly and acts quickly when risks surface.

The first year of the walkaround rule gave non union employers a chance to practice these habits. If you have not done so, write a one page inspection protocol and run two tabletop drills with your leadership team and front desk. Walk the likely routes and identify where you will manage interviews and document reviews. Decide how you will handle requests to see specific machines or departments. Make sure your supervisors can explain how they verify that guards and lockout procedures are in place at the start of a shift. Practice matters here, just like it does on the production floor. The companies that do this well finish inspections with fewer surprises and fewer open issues.

One last point. The rule is a floor, not a ceiling. Nothing stops you from inviting in a translator for a predominantly non English speaking workforce or an outside subject matter expert when you believe they will help the inspection be clearer and safer. The standard asks OSHA to consider what is reasonably necessary. You can model that same question for yourself and your team. If an expert will make the process faster and more accurate, be proactive about it rather than reactive. OSHA’s FAQ language makes clear that what matters is whether the representative contributes to a thorough and effective inspection. Use that frame to your advantage.

Sources and further reading: OSHA Worker Walkaround Representative Designation Process final rule in the Federal Register. OSHA Worker Walkaround FAQ. OSHA interim guidance to compliance officers on third party representatives. OSHA news releases announcing the final rule.