On February 13, 2026, Cal/OSHA published a proposed regulation that would spell out who can accompany an inspector during the “walk-around” portion of a workplace inspection. The proposal would add new Title 8, §331.8, titled “Representatives during the Inspection.” 

What’s changing (and why it matters) 

California law already says both an employer representative and a representative “authorized by employees” have the opportunity to accompany the inspector. According to Notice of Proposed Rulemaking, the proposal mainly fills in the missing definition and process details, and it tracks the federal approach adopted by OSHA in 2024. 

For ag employers, the practical impact is that inspections could more often include non-employee third parties selected by employees  as long as the inspector decides the person’s participation is “reasonably necessary” to conduct an effective and thorough inspection. 

Key provisions in proposed 8 CCR 331.8 

1) Cal/OSHA can allow multiple reps on both sides.
The inspector (“the Chief or their representative”) may permit additional employer representatives and additional employee-authorized representatives and can immediately resolve disputes over who the representatives are. 

2) Employees may choose a third party, but the inspector decides if they can join.
The employee-authorized representative may be: (i) an employee, (ii) a third party, or (iii) the collective bargaining representative. If it’s a third party (not an employee and not the collective bargaining representative), they may participate only if “good cause” is shown and their presence is reasonably necessary, including due to relevant knowledge/experience with hazards or language/communication skills. However, as written the proposed rule does not require that the “collective bargaining representative” be an agent of the union representing the employees at the workplace.  

3) The inspector stays in charge and can limit or remove disruptive participants.
Cal/OSHA can limit the scope and extent of representative engagement during the inspection and can deny accompaniment to anyone whose conduct interferes with a fair and orderly inspection. 

4) Narrow trade secret protections.
Upon the employer’s request, an employee-authorized representative in an area containing trade secrets must be an employee working in that area or someone authorized by the employer to enter that area. If there is no such representative or employee, Cal/OSHA must consult with a reasonable number of employees who work in that area about safety and health issues.

Key Concerns for Employers 

• Third-party involvement could change the tone of inspections. The proposal does more than confirm employee participation. It would allow non-employee third parties to join the walk-around, which could make inspections more contentious and adversarial, instead of the cooperative, administrative fact-finding process employers typically expect. 

• The “who” and “how” are still murky. Labor Code section 6314 already allows an employee representative to accompany the inspector, so it is not clear who the rule is meant to add beyond that existing right. The proposal also leaves practical questions about how any additional representative would be chosen and how Cal/OSHA would handle advance notice or disputes over representation without creating unfairness for the employer. 

• Expanded inspector discretion over participation. The proposal would give inspectors broader authority to control who participates and how, including limiting the role of both employer and employee representatives during the walk-around. It would also allow an inspector to exclude the employer’s representative from accompanying the inspection if, in the inspector’s judgment, the representative is interfering with a “fair and orderly” inspection. 

Timing: hearing and comments 

Cal/OSHA will hold a public hearing on April 1, 2026, with written comments due by 11:59 p.m. on the same date. A coalition of employers, including Western Growers, plans to participate in the hearing and submit comments addressing concerns regarding the proposed regulation. 

California employers should be ready to revisit and update their Cal/OSHA inspection playbooks if this proposal moves forward.