Another Friday Night Surprise: Cal/OSHA Proposes State Analog to Worker Walkaround Rule
Consistent with its tradition of dropping surprise regulatory proposals near the end of the day before a holiday weekend, Cal/OSHA published a formal proposal on Friday the 13th, 2026, to promulgate a California version of federal OSHA’s so-called “worker walkaround rule.” That rule allows non-employee third parties to serve as an employee representative during an OSHA workplace inspection provided that third party is reasonably necessary to conduct an effective and thorough inspection. California employers should take note of this development and monitor it closely. There is a public hearing scheduled for April 1, 2026, whereby interested individuals will have the opportunity to present statements or arguments on the rule. The Procedural Posture and Timing of the Proposed Rule Raise Eyebrows and Concerns The proposal is framed as a so-called “Horcher amendment.” Such proposals involve rulemaking that allows Cal/OSHA to ensure it complies with its state plan approval from federal OSHA...