Effective May 6, 2025, Kentucky has aligned with the federal Occupational Safety and Health Administration’s (OSHA) revised standard (803 KAR 2:110) permitting third-party employee representatives to participate in site inspections. The state’s final rule mirrors OSHA’s amended regulation in both language and intent.
Background on OSHA Rule
For background, the OSHA rule took effect on May 31, 2024, and allows employees to designate a representative who may have a variety of skills, knowledge, or experience that could aid the inspection to accompany them during OSHA walkarounds. This could include expertise in specific workplace hazards, knowledge of similar work environments, or fluency in a particular language to bridge communication gaps.
Next Steps for Employers
Kentucky’s OSHA Plan covers most private sector workers and all public sector workers. Covered employers should update their inspection protocols to reflect the revised rule allowing third-party employee representatives, such as union officials or external safety advocates, to participate in OSHA inspections.
Supervisors and safety teams should receive training on the updated requirements, with clear instructions on managing access and safeguarding proprietary information. Communicating these changes to employees will help promote transparency and reinforce compliance.
When preparing for a walkaround inspection, employers should consult with legal counsel, appoint a knowledgeable representative to accompany the inspector, and ensure that all relevant safety documentation is readily available. During and after the inspection, employers should cooperate, keep thorough records of the visit, and promptly address any identified hazards or citations to maintain a safe and compliant workplace.
