On February 13, 2026, the California Division of Occupational Safety and Health (Cal/OSHA) published a proposed rule update on how employer and employee representatives may participate in workplace inspections.

The proposal would expand who may accompany inspectors and clarify the role of third‑party representatives. It would also align California’s rules with recent federal updates while adding new, state‑specific requirements that exceed the federal standard. 

This update applies to all California employers subject to Cal/OSHA workplace inspections, and written comments are due by 11:59 p.m. PT on April 1, 2026.

What Employers Need to Do

While the Rule Is Still Proposed (Pre‑April 1, 2026)

• Submit written comments before April 1, 2026. The public hearing will be held on April 1, 2026, at 10:00 a.m. PT, and written comments are due by 11:59 p.m. that same day.

• Prepare comments internally or through an industry group.

• Gather concerns about third‑party representatives, trade‑secret exposure, union access at nonunion sites, and inspector authority. Consolidate employer experiences with past inspections.

• Submit comments to Cal/OSHA by email to walkaroundrule@dir.ca.gov, or by mail to Cal/OSHA’s Oakland office, as listed in the notice.

While Waiting for the Final Rule

• Review and update your Cal/OSHA inspection procedures to anticipate:

• Union reps accessing nonunion worksites.
  • Community groups or outside advocates accompanying inspectors.
  • Broader inspector authority to control conduct and remove disruptive reps.

• Identify areas with trade secrets or proprietary processes.
  California’s proposal includes minimal trade‑secret protection, so employers must proactively prepare.

• Create a site map identifying restricted or sensitive areas and establish a protocol for how third‑party reps will be handled in those zones.

• Designate internal employee representatives who can accompany inspectors where third‑party access may be inappropriate.

• Train supervisors on managing inspections, including:

• How to interact with multiple representatives.
  • What to do if an inspector restricts side conversations.

• Prepare Quick‑reference Materials (checklists, scripts, procedures) that your managers can use when an inspector arrives.

Once the Final Rule is Implemented

The final California rule will likely mirror the federal walkaround rule but with added access rights and broader inspector authority.

• Adopt updated written Cal/OSHA inspection policies that reflect conditions under which third‑party experts are “reasonably necessary”

• Train all frontline leaders, safety teams, and HR on the finalized procedures.

• Implement a representative verification process to document who accompanied inspections and why.

• Revise onboarding and refresher training for supervisors to include:

• How to host an inspection under the new rules.

• Develop communication templates for when inspectors arrive, so managers know:
  • Who to call.
  • What documents to prepare.
  • How to document the inspection in real time.

Overview

Cal/OSHA has proposed a new rule (Section 331.8) to clarify who may accompany inspectors during on‑site workplace inspections. The proposal is intended to keep California’s state‑plan program ‘at least as effective’ as federal OSHA’s 2024 walkaround rule, while also expanding employee representative rights and inspector authority beyond the federal standard.

• The rule would allow employees, unions, and qualified third parties to join inspections. Qualified third parties may include experts, community organizations, or interpreters when their participation is reasonably necessary for an effective inspection.

Cal/OSHA would also gain broader authority to manage representatives and maintain order during inspections, including the ability to limit interactions and remove participants whose conduct interferes with the inspection.

Why this matters

• Differences between the state and federal rules could raise legal and procedural challenges, particularly because California is using a fast‑track “Horcher amendment” process while still making notable deviations from the federal standard.

• The timing of the proposal (released late on Friday, February 13, 2026) has raised concerns about transparency and urgency, especially as the federal walkaround rule remains under litigation and could be modified or rescinded.

Key Risks for Employers

• The rule significantly broadens those who may participate in Cal/OSHA inspections, including unions, community groups, worker advocacy organizations, and outside experts, even at nonunion worksites.

• Union representatives are automatically presumed qualified, giving them easier access to both union and nonunion workplaces without having to show they are ‘reasonably necessary’ for a particular inspection.

• Inspectors gain stronger authority to control the inspection process, limit disruptive conversations, and remove participants—including employer and employee representatives—whose conduct interferes with a fair and orderly inspection.

• Employers who refuse access due to disputes over representatives may face an increased risk of Cal/OSHA seeking a search warrant, potentially escalating routine inspection disputes into formal enforcement proceedings.

Source References

• DIR – Employer Representative and Representative Authorized by Employees During Workplace Inspections (Walkaround Rule)
• DIR -Proposed Rule – Title 8. Industrial Relations – Adding Article 2.5: Inspections

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