Cal/OSHA Proposes a New ‘Walkaround Rule’

Quick Hits

• On February 13, 2026, Cal/OSHA issued a notice of proposed rulemaking to implement the “walkaround rule,” which would allow additional employee and employer representatives during inspections.
• The proposed regulation introduces a framework for involving employer and employee representatives, including third parties, during inspections, raising concerns about potential contentious and adversarial environments.
• The draft regulation follows the federal OSHA walkaround rule and includes provisions for additional representatives, inspector authority, and minimal trade secret protection, with a public hearing set for April 1, 2026, and written comments due by that date.

This draft regulation follows the federal Occupational Safety and Health Administration’s (OSHA) “walkaround rule” that became effective on May 31, 2024. Because California has an OSHA state plan, the proposed regulation must be “as effective as” the federal OSHA walkaround rule.

The rulemaking intends to enact proposed section 331.8 and seeks to “define” the scope of Labor Code section 6314, which currently provides that “a representative of the employer and a representative authorized by his or her employees shall have an opportunity to accompany him or her on the tour of inspection.”

The stated intent of the rulemaking is to afford non-union workplaces the opportunity to designate an employee representative to assist Cal/OSHA during an inspection, citing, among other things, their familiarity with the workforce, knowledge of the worksite, or for their expertise in other relevant areas. However, the proposed rule would go beyond mere employee participation by authorizing third parties to participate in the inspection, which raises several concerns for employers that could have far-reaching implications. The involvement of third parties and the extensive authority granted during inspections could create an environment where inspections become contentious and adversarial, rather than an administrative inspection for workplace safety.

Key Provisions

The proposed Section 331.8 introduces a structured framework for the involvement of employer and employee representatives during Cal/OSHA inspections and would grant new rights to third parties.

Here are the key provisions:

• During inspections, an additional employee representative can also accompany the employer representative with the inspector. The proposed regulation states that an additional representative can be an employee, a third party, or the collective bargaining representative. Considering that Labor Code section 6314 already permits an employee representative to accompany the inspector, it is unclear who is fully intended by this expanded authorization to participate. It is also unclear how this additional representative is to be selected and how issues of advanced notice to putative employee representatives would be resolved without prejudicing the employer.
• Under this draft regulation, the inspector would be given the authority to determine whether an additional employer representative would be allowed to accompany the inspector. This signals a potential degradation of employer rights in California, as it would appear to limit an employer’s ability to accompany an inspector to a single individual absent Cal/OSHA’s consent.
• The proposed regulation would not limit the designation of employees or collective bargaining representatives. When third parties are involved, it would fall on the inspector to determine, by using a “good cause” standard, whether a third party is necessary to conduct an effective and thorough physical inspection of the workplace.
• Inspectors would have new authority to limit the scope and extent of both the employer and the employee representative during the inspection. Further, inspectors would have the right to deny an employer’s representative the right to accompany them during the inspection, if in their sole judgement, the employer’s representative’s conduct interfered with the fair and orderly inspection.
• The draft regulation also has a minimal trade secret protection section.

California employers may need to adjust pre-existing procedures for handling Cal/OSHA inspection in response to the rulemaking.

Ogletree Deakins’ Workplace Safety and Health Practice Group will continue to monitor this draft regulation and will post updates on the California and Workplace Safety and Health blogs as additional information becomes available.

Follow and Subscribe
LinkedIn | Instagram | Webinars | Podcasts