Walk Like a CSHO: Cal/OSHA Proposes Its Own “Walkaround Rule”
On February 13, 2026, Cal/OSHA published a notice of proposed rulemaking (NPRM) to clarify who can join its onsite inspections. To be codified as Title 8 § 331.8 if implemented, Cal/OSHA’s stated goal is to match federal OSHA’s 2024 updates to 29 C.F.R. § 1903.8 and expand upon California Labor Code section 6314, which already states that “a representative authorized by . . . employees” can accompany Cal/OSHA inspectors during their “tour” of the worksite. In its new proposal, Cal/OSHA explicitly expands the definition of “representative(s) authorized by employees” to include an “employee of the employer, a third party, or the collective bargaining representative.”
Federal OSHA’s revisions to its walkaround rule technically went into effect on May 31, 2024. However, (1) OSHA’s amendments are actively being challenged in federal court, and (2) in practice, despite significant concerns over the impact that the rule could have, we’ve seen little to no use of the revised rule by federal OSHA.
Despite all this, State Plans still face a dilemma. When federal OSHA published the rule, it directed State Plans to adopt identical or “at least as effective” rules within six months as required by the OSH Act. California is taking its first step toward doing just that—even if well after the six-month deadline. States like Michigan and Kentucky have already adopted rules aligning with OSHA’s walkaround revisions, and other states like Washington have proposed rules that remain in limbo.
Like the revised federal rule, Cal/OSHA gives significant discretion to onsite inspectors to say who can join their inspections. Cal/OSHA specifically says that the “inspector will make the determination as to whether the third-party representative may accompany the inspection.” Cal/OSHA gives examples of reasons why a third party may be reasonably necessary for an “effective and thorough” inspection—and therefore allowed to join the inspection under the new rule—such as “their knowledge of the workplace, the industry, the hazards involved, or their ability to communicate with hard-to-reach employees in the workplace.”
Cal/OSHA will hold a public hearing on April 1, 2026 where interested parties may present statements or arguments on the proposed rule. Written comments are also due by 11:59 p.m. that day. Information on the public hearing, including instructions to join, may be found here. We are speaking to employers about ways to ensure that their concerns are voiced at the hearing.
This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.
