As previously reported by Western Growers, Cal/OSHA has proposed a California version of the federal OSHA “worker walk-around” rule that would define who may accompany a Cal/OSHA inspector during the walk-around portion of a workplace inspection. Cal/OSHA has now published revisions to the proposed text and is accepting written comments on the modifications until 11:59 p.m. on July 16, 2026.  

The revisions are limited but important. First, Cal/OSHA added language stating that employer and employee representatives accompany the inspector “for the purpose of aiding such inspection.” This addition helps frame representative participation as tied to the inspection itself, rather than broader advocacy, organizing, or other activity unrelated to Cal/OSHA’s inspection. 

Second, Cal/OSHA revised the third-party representative standard. The prior text referred to whether a third party’s “participation” was reasonably necessary. The modified text now refers to whether the person’s “accompaniment” is reasonably necessary to conduct an effective and thorough physical inspection. The proposed rule would still allow an employee-authorized representative to be an employee, a third party, or the collective bargaining representative. If the representative is neither an employee nor the collective bargaining representative, the inspector may allow the person to accompany the inspection only if good cause has been shown.  

For employers, the main concern remains the potential presence of outside third parties during Cal/OSHA inspections. Even with the revised wording, the proposal gives Cal/OSHA inspectors significant discretion to decide whether a non-employee representative may accompany the inspection based on knowledge, skills, experience with workplace hazards or similar workplaces, or language and communication skills. 

The proposed rule also confirms that Cal/OSHA controls the inspection and may limit representative interactions to ensure the inspection remains fair, effective, and appropriately focused. Cal/OSHA may also deny accompaniment to anyone whose conduct disrupts a fair and orderly inspection. 

Agricultural employers should consider whether to submit comments focused on the modified language, especially if they have concerns about safety, biosecurity, trade secrets, food safety requirements, customer confidentiality, employee housing, disruption to operations, or unclear limits on third-party access. 

Comments may be submitted by email to [email protected]. Only comments related to the latest modifications will be considered. Cal/OSHA requests that email comments, especially those with attachments, include the regulation identifier “Employer Representative and Representative Authorized by Employees” in the subject line. Comments may also be mailed or hand-delivered to Silas Shawver, Staff Counsel, Cal/OSHA Legal Unit, 1515 Clay Street, Suite 1901, Oakland, California 94612.