OSHA Announces Final Rule on Worker Walkaround Representative Designation

OSHA最近 宣布 its final rule that clarifies the rights of employees to authorize a representative to accompany an OSHA compliance safety 和 health officer (CSHO) during a walkaround inspection of their workplace. The final rule was published in the Federal Register on April 1, 2024. The rule will go into effect May 31, 2024.

最终规则概述

The Occupational Safety 和 Health Act (OSH Act) gives employers 和 employees the right to authorize a representative to accompany OSHA officials during a workplace inspection. The final rule clarifies that, 符合法律, employees may authorize another employee to serve as their representative or select a third-party nonemployee. These third-party representatives may join the CSHO during inspections if, according to the CSHO’s judgment, there is sufficient reason to believe they can contribute to the inspection process. OSHA states it maintains the requirement that good cause be shown that the third-party representative is reasonably necessary to aid in the conduct of an effective 和 thorough physical inspection of the workplace.

The final rule also clarifies that third-party involvement may be warranted due to the third parties’ relevant expertise, experience or language skills concerning workplace hazards or conditions. OSHA regulations require no specific qualifications for employer or employee representatives who are employed by the employer. OSHA determined that these final rule clarifications facilitate workplace inspections by empowering employees to choose representatives who can effectively assist the CSHO during physical inspections. 

接下来的步骤

Employers should review the new rule 和 allow employees to identify 和 select a trusted 和 knowledgeable representative to assist in facilitating a CSHO’s information-gathering in case of an OSHA inspection.

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平等就业机会委员会 Issues Annual Performance Report for Fiscal Year 2023

美国.S. Equal Employment Opportunity Commission (平等就业机会委员会) recently 宣布 the release of its Annual Performance Report (APR) for fiscal year (FY) 2023, which covers Oct. 2022年1月1日至9月11日. 30, 2023.

Issued in coordination with the agency’s FY 2025 Congressional Budget Justification, the report provides information on the agency’s performance 和 program results achieved in FY 2023. It also provides updates on the agency’s progress toward achieving the goals 和 objectives outlined in its 2022-2026 Strategic Plan for FYs 2022-2026 和 Strategic Enforcement Plan for FYs 2024-2028.

Increased Dem和 和 Remedies

Consistent with the strategic plan 和 strategic enforcement plan, the new report reflects increases from FY 2022 in dem和 for services from the public 和 the amount of monetary awards the 平等就业机会委员会 obtained for workers who experienced discrimination in FY 2023. This includes more than:

• 522,000 calls from the public h和led through the agency contact center, which was almost a 10% increase
• 233,700 inquiries h和led in field offices, which was a 6.增加9%
• 86,000 emails received, which was a more than 2增加5%
• 81,000 new private-sector discrimination charges received, which was almost a 10.增加3%
• 140 new lawsuits filed, which was a more than 50% increase
• $665 million recovered on behalf of victims of discrimination, which was a 29.增加5%.

减少待决案件

Despite the increases in inquiries 和 new charges, the FY 2023 APR indicates that the 平等就业机会委员会 reduced the number of pending private-sector cases by almost 300 in FY 2023. It also reduced pending federal-sector hearings by 26.3% 和 substantially increased the speed of these resolutions. 

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