California is considering a proposal that would revise who may join Cal/OSHA officials during workplace inspections. The state has issued draft regulatory language and scheduled a public hearing for April 1, 2026, while accepting written comments until that same date. These steps begin the formal rulemaking process.
The state is reassessing its procedures because it must maintain enforcement standards that match the effectiveness of the federal system. That obligation became relevant after federal OSHA’s updated walkaround regulation took effect on May 31, 2024, allowing employees to designate outside individuals to accompany inspectors when the compliance officer finds their participation helpful. California law already permitted employees to choose representatives, but it was not clear whether the existing framework aligned with the federal update.
California’s draft rule adopts many elements of the federal approach while incorporating state-specific provisions. It would allow employer and employee representatives to be present during inspections and permit non-employees to participate when needed for a thorough review. Collective bargaining representatives would not be required to show this need, and inspectors would retain authority to manage participants and resolve any questions regarding who may join. Access to areas involving trade secrets would continue to be limited to employee representatives.