Inspection accompaniment procedures

A representative of the employer and a representative authorized by the employees may accompany the Compliance Safety and Health Officer during the physical inspection. Under 1903.8(a), the inspector may also permit additional employer or employee representatives if the officer determines they will further aid the inspection.

• The employer rep can be anyone the employer designates.
• The employee rep must be authorized by the employees (for example, a union steward or elected safety representative).
• The inspector controls whether additional representatives may accompany the inspection to avoid interference.

Yes; an employee-authorized representative may be a third party if the Compliance Safety and Health Officer determines good cause is shown. 1903.8(c) allows a non-employee representative to accompany the officer when their relevant knowledge, skills, experience, or language/communication abilities make them reasonably necessary for an effective inspection.

• Examples of good cause include technical expertise about specific hazards, prior work at similar sites, or language interpretation for non‑English speaking employees.
• The decision is discretionary with the OSHA officer conducting the inspection.

A Compliance Safety and Health Officer has authority to resolve disputes about who is the representative authorized by employees. 1903.8(b) states the officer will make that determination, and if there is no clear authorized representative, the officer will consult a reasonable number of employees about workplace safety and health matters.

• If employees cannot identify a rep, the officer may interview several employees directly.
• The officer’s decision about representation is binding for the purpose of that inspection.

Yes, different employer and employee representatives may accompany the Compliance Safety and Health Officer during different phases of an inspection if doing so does not interfere with the inspection. 1903.8(a) expressly allows a change in representatives between phases.

• This can be helpful when different areas or tasks require different supervisors or subject-matter experts.
• The inspector retains discretion to limit changes if they would disrupt or delay the inspection.

Yes, the Compliance Safety and Health Officer can deny accompaniment to any person whose conduct interferes with a fair and orderly inspection. 1903.8(d) authorizes the officer to refuse accompaniment for disruptive conduct.

• Interference can include obstructing access, refusing to follow reasonable instructions, or repeatedly interrupting the inspection.
• If denied accompaniment, the person should comply and may raise objections later through formal procedures; the inspector’s decision stands during the inspection.

The right to accompany in areas containing trade secrets is subject to the procedures in 1903.9(d). 1903.8(d) makes clear that trade-secret protections can limit who may enter or see certain information during an inspection.

• OSHA follows the procedures in 1903.9(d) for handling trade-secret material (for example, allowing review only by those who need to see it and can be bound by confidentiality).
• If trade secrets are involved, the officer will explain how access will be handled to protect proprietary information while completing the inspection.

Yes, when information in an area is classified by a U.S. Government agency in the interest of national security, only persons authorized to access that classified information may accompany the officer. 1903.8(d) explicitly limits accompaniment in national-security classified areas to those with proper authorization.

• If the workplace contains classified information, the inspector will restrict accompaniment to cleared personnel to protect national security.

If no authorized employee representative exists or the officer cannot determine who that is with reasonable certainty, the officer must consult a reasonable number of employees about safety and health matters. 1903.8(b) requires the officer to gather employee input directly.

• The officer will interview employees to identify safety concerns and relevant information.
• This ensures employee viewpoints are considered even when no formal rep is present.

No; the employer cannot block employee-authorized representatives from accompanying the inspector. 1903.8(a) requires that both an employer representative and a representative authorized by employees be given an opportunity to accompany the Compliance Safety and Health Officer during the physical inspection.

• The employer may designate its own representative, but cannot exclude the employees’ authorized rep.
• OSHA officers resolve disputes about who is the valid employee representative under 1903.8(b).

Yes, the officer may permit additional employee representatives to accompany the inspection if the officer determines those additional representatives will further aid the inspection. 1903.8(a) gives the inspector discretion to allow more than one rep.

• The decision balances the benefit of participation against the need for an orderly inspection.
• If many employees want to participate, the officer may limit numbers or rotate representatives to avoid interference.

Yes; language or communication skills are expressly listed as an example of good cause for permitting a non-employee representative to accompany the officer. 1903.8(c) says third-party reps may accompany the inspector when, in the officer’s judgment, good cause exists, including language skills.

• If an employee cannot effectively communicate in English, a third-party interpreter may be permitted so the inspection can be thorough and accurate.
• The Compliance Safety and Health Officer retains discretion and may require the interpreter to follow inspection rules to avoid interference.

The standard allows accompaniment by third-party experts for good cause but does not automatically grant those representatives unrestricted rights to take measurements or copies. 1903.8(c) permits their presence for a thorough inspection, but access to take photographs, samples, or copies may be governed by the inspector’s directions and other applicable rules (for example, trade-secret protections in 1903.9(d)).

• The officer will set boundaries and may allow limited documentation if it does not interfere or violate confidentiality rules.
• If trade secrets or classified information are involved, special procedures apply under 1903.9(d).

Yes, but the Compliance Safety and Health Officer's decision stands for the duration of the inspection; objections can be raised after the inspection through OSHA administrative channels. 1903.8(d) authorizes denial during the inspection for interfering conduct.

• If parties disagree with the inspector’s conduct or rulings, they should document the objection and may raise it later with the Area Director or through formal complaint procedures.
• Preserve a written record of the incident or witness statements to support any later challenge.

Accompaniment and access to trade-secret material are subject to the handling and protection procedures in 1903.9(d). That section governs how OSHA treats confidential commercial information during inspections.

• Employers should notify the officer of trade-secret concerns and provide guidance on what materials are proprietary.
• OSHA may permit review only by individuals who need access and who can be bound by confidentiality protections; the officer will explain how proprietary information will be safeguarded during the inspection.

The regulation permits employee-authorized representatives and, in certain circumstances, third parties when good cause is shown; whether a legal advisor may accompany the inspection depends on the Compliance Safety and Health Officer’s judgment. 1903.8(c) allows third-party representatives if the officer finds good cause (for example, relevant expertise or communication needs).

• If the legal advisor’s presence would reasonably aid the inspection (for example, by assisting non-English-speaking employees to understand questions), the officer may allow it.
• The officer can deny accompaniment for lawyers if their conduct would interfere with a fair and orderly inspection under 1903.8(d).

1903.8 does not permit representatives to delay or stop an inspection; the Compliance Safety and Health Officer remains in charge and may limit accompaniment to prevent interference. 1903.8(a) and (d) make clear the officer conducts the inspection and may deny accompaniment if conduct interferes.

• Representatives should follow the officer’s directions and avoid actions that obstruct or delay the inspection.
• If a dispute arises, the officer may proceed and address complaints later through OSHA administrative processes.

While 1903.8 does not spell out specific ID rules, the officer has authority to manage accompaniment and may reasonably request identification or proof of authorization to confirm representative status. 1903.8(a) and (b) place the officer in charge of the inspection and give the officer authority to resolve who is the authorized representative.

• You should be prepared to present documentation (for example, a letter of authorization or union credentials) if requested.
• If identity or authorization is disputed, the officer will resolve it under 1903.8(b).

OSHA will normally cease investigatory activities once a notice of contest is properly filed, but it reserves the right to take actions necessary to protect employees, including inspections when appropriate. The Policy on contesting citations (Sept. 11, 2023) explains OSHA typically suspends investigatory activities after a contest but may act if imminent danger or other enforcement needs arise.

• In practice, this means follow-up inspections tied to the contested items are usually paused, but OSHA could still inspect for new or imminent-hazard conditions or seek emergency relief if workers face immediate danger.
• If OSHA does conduct further inspections while a matter is contested, the normal accompaniment rules in 1903.8 apply.

Yes; when trade-secret material is involved, procedures in 1903.9(d) may include limiting access and requiring confidentiality protections for those who review proprietary information. 1903.8(d) refers to those trade-secret provisions when determining accompaniment in sensitive areas.

• The officer may permit review only by persons who need to see the information and who agree to safeguard it.
• Employers should raise trade-secret concerns early so the officer can set appropriate procedures during the inspection.

Yes; 1903.8(a) permits a different employer and employee representative to accompany the Compliance Safety and Health Officer during each different phase of an inspection if it will not interfere with the inspection.

• Rotating reps can be practical when inspections cover varied tasks or shifts.
• Coordinate rotations with the officer in advance so they do not interrupt the inspection process.

No; 1903.8 does not require advance notice about who will accompany the inspection; it simply requires that an employer representative and an employee-authorized representative be given an opportunity to accompany the Compliance Safety and Health Officer. 1903.8(a) and (b) give the officer authority to manage accompaniment and to resolve representation disputes.

• Employers commonly inform the inspector on arrival who their designated representative will be.
• If there is a dispute over representation, the officer will consult employees as needed under 1903.8(b).