What happened?

On December 17, 2024, DOSH began the rulemaking process to align with federal OSHA’s Walkaround Rule. This rule allows employees to designate another employee or a non-employee third party as their representative during DOSH inspections.

Overview:

The third party must be shown to be reasonably necessary to assist the investigator, with few limitations, and DOSH has the final say on their participation.

The Notice of Intent is the first step, followed by opportunities for public comment.

• DOSH may revise the rule based on feedback. If the rule incorporates federal law, it may be implemented through an Expedited Rulemaking process, which does not require a hearing.

• This rule does not restrict third-party representation to recognized unions, meaning unions during or starting a campaign could enter company property and accompany inspectors.

• This access could significantly impact union organizing, as labor organizers could use it to enter private property and connect with unrepresented employees to promote workplace safety.

Additional Information:

Contact for Comments: Tari Enos, Division of Occupational Safety and Health (DOSH)

• Address: PO Box 44620, Olympia, WA 98504-4620
• Email: Tari.Enos@Lni.wa.gov
• Fax: 360-902-5619
• Phone: 360-902-5541

Source References

• WA L&I – The Department of Labor & Industries (L&I) updated its rulemaking website
• WA CR – 101 Preproposal Statement of Inquiry
• WA L&I Worker Walk Around Rule – Chapter 296-900 WAC, Administrative rules

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