Employee and official representatives

Under 1960.27(a), a representative of the official in charge of the workplace and a representative of employees may accompany the inspector during the physical inspection. The standard also allows the inspector to permit additional representatives of the employer and additional representatives of employees if the inspector determines those persons will further aid the inspection. See 1960.27(a) for the exact wording.

Under 1960.27(a), the representative of employees must be selected by the employees themselves. In plain terms, the employer does not appoint the employees' representative — the employees choose who will represent them during the inspection.

Yes — 1960.27(a) allows different representatives of the employer and of employees to accompany the inspector during each different phase of an inspection. That means the inspector can permit one person for one portion of the inspection and a different person for another portion if that helps the inspection proceed effectively.

Yes — 1960.27(a) expressly authorizes inspectors to interview any employee in private if the inspector deems it necessary. Employees should expect that private interviews may occur when the inspector believes confidentiality or candid responses are important for a thorough inspection.

Under 1960.27(b), an inspector may deny accompaniment to any person whose participation interferes with a fair and orderly inspection. In practice, interference can include obstructing the inspector's work, creating unsafe conditions, or deliberately disrupting the inspection process; the inspector has discretion to remove or refuse accompaniment by persons causing such interference.

No — 1960.27(c) states that for facilities classified in the interest of national security, only persons authorized to have access to such facilities are allowed to accompany a Safety and Health Inspector in those areas. That means if an area requires security clearance or special authorization, only cleared individuals can enter with the inspector.

Not always — OSHA's jurisdiction over military personnel, equipment, and uniquely military operations is limited, as explained in the July 16, 2024 letter regarding military facilities (see https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16). That letter notes that Executive Order 12196 and Part 1960 affect coverage: military personnel and uniquely military systems and operations are excluded, while civilian employees and contractor employees working on non-unique systems may be covered. Even when OSHA has coverage, 1960.27(c) still limits accompaniment in national security areas to authorized persons only.

Yes — 1960.27(d) requires that employees be afforded an opportunity during the inspection to bring to the inspector's attention any unsafe or unhealthful working condition they have reason to believe exists. Inspectors shall consult with employees about safety and health matters as needed to conduct an effective inspection.

Yes — 1960.27(a) allows a representative of the official in charge of a workplace to accompany the Safety and Health Inspector during the physical inspection to aid the inspection and to gain knowledge of unsafe or unhealthful conditions. The inspector may also permit additional employer representatives if they will further aid the inspection, subject to the limitations in 1960.27(b).

If an inspector denies accompaniment under 1960.27(b) because participation would interfere with a fair and orderly inspection, employees should first ask the inspector to explain the specific reason for denial and, if possible, propose an alternative representative or a different phase when accompaniment would not interfere. If employees believe the denial was improper or retaliatory, they can raise the issue through their agency's safety program or file a complaint under the agency’s occupational safety and health procedures; note that broader protections against retaliation for reporting hazards are addressed in OSHA guidance such as the recordkeeping enforcement memorandum (see https://www.osha.gov/laws-regs/standardinterpretations/2016-11-10).

Not typically — 1960.27(a) contemplates representatives of the official in charge and representatives of employees (selected by employees). The inspector may allow additional persons only if the inspector determines they will further aid the inspection; under 1960.27(b), the inspector may deny accompaniment that interferes with the inspection. So allowing non-employee third parties is discretionary and unlikely unless clearly helpful and non-interfering.

No — 1960.27(a) authorizes inspectors to interview employees in private when necessary, but it does not compel employees to answer; whether an employee must speak can depend on agency policy and legal context. Employees should know they have the right to request clarification about the interview's purpose and, if concerned, to request a representative be present. If there are concerns about retaliation for speaking, refer to OSHA guidance on protections for employees who report injuries or hazards (see https://www.osha.gov/laws-regs/standardinterpretations/2016-11-10).

Yes — 1960.27(a) states the representative of employees shall be selected by the employees, so if employees choose a union representative, that person may accompany the inspector, provided their participation does not interfere with a fair and orderly inspection as described in 1960.27(b).

No — 1960.27 itself does not include a separate posting or notification requirement about the right to have a representative accompany inspections. It does, however, require that employees be given an opportunity to select a representative and to participate in inspections. Federal agencies must meet the broader program requirements in Part 1960 (see https://www.osha.gov/laws-regs/regulations/standardnumber/1960), and agency safety programs commonly communicate inspection procedures to employees as part of those programs.

Yes — the inspector may limit accompaniment. 1960.27(a) permits additional employer and employee representatives only if the inspector determines they will further aid the inspection, and 1960.27(b) allows the inspector to deny accompaniment to anyone whose participation interferes with a fair and orderly inspection. In short, the inspector controls how many and which additional people may accompany the inspection to keep it effective and orderly.

Yes — 1960.27(d) requires Safety and Health Inspectors to consult with employees about occupational safety and health to the extent necessary for an effective inspection, and it ensures any employee is afforded an opportunity to bring hazards to the inspector's attention during the inspection. Agency heads must run programs consistent with Part 1960 (https://www.osha.gov/laws-regs/regulations/standardnumber/1960) so this consultation opportunity is available.

Not necessarily for all workers — OSHA's jurisdiction over certain military or uniquely military operations is limited, as explained in the July 16, 2024 letter of interpretation about military facilities (https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16). That letter explains civilian employees and private contractors performing non-unique work for the government are generally covered by OSHA standards. Where OSHA coverage applies, 1960.27 and its accompaniment and consultation rules would be relevant; where operations are excluded as uniquely military, Part 1960 may not apply.

Yes — 1960.27(c) specifies that only persons authorized to have access to facilities classified in the interest of national security are allowed to accompany an inspector in those areas. Additionally, OSHA's jurisdiction and procedures for military or security-sensitive sites are discussed in interpretive guidance such as the July 16, 2024 letter (https://www.osha.gov/laws-regs/standardinterpretations/2024-07-16) which addresses how OSHA coverage may apply to civilian employees and contractors working at such sites.

The inspector may limit accompaniment if it would not further aid the inspection or would interfere. 1960.27(a) allows the inspector to permit additional representatives only if they will further aid the inspection, and 1960.27(b) authorizes denial for persons whose participation interferes with a fair and orderly inspection. So if a chosen representative's presence would hinder a technical phase or not aid it, the inspector can deny accompaniment for that phase.

While 1960.27(d) ensures employees are afforded an opportunity to bring hazards to the inspector's attention, protections against retaliation for reporting injuries or hazards are covered elsewhere and in OSHA guidance. For example, the recordkeeping enforcement procedures memorandum (https://www.osha.gov/laws-regs/standardinterpretations/2016-11-10) discusses employer obligations and protections related to employee reporting. Employees who fear retaliation should raise the concern with the inspector and with their agency's safety office; OSHA guidance and agency procedures address retaliation and whistleblower protections.