Understanding Cal/OSHA’s Proposed Changes to Workplace Safety Inspections

California's workplace safety inspections are getting an update — and even though the public comment window has closed, the rule isn't final yet.

On February 13, 2026, Cal/OSHA issued a proposed rule that could change who joins inspectors during walkarounds. The big news: third parties — not just your employees — may soon have a seat at the table. This follows what federal OSHA did back in 2024. ^[2]

We're here to help you make sense of it all. This guide covers the key changes, who could now participate, and what you can do to get ready. Plus, we'll point you toward training that keeps you compliant.

TABLE OF CONTENTS:

1. How We Got Here: Current Rules and What Changed
2. What's Actually Changing: The New Walkaround Rules
3. What This Means for Your Workplace
4. Getting Ready: Simple Steps to Stay Compliant
5. What's Next
6. References

How We Got Here: Current Rules and What Changed

What Workplace Safety Inspections Look Like Today

Cal/OSHA shows up when someone files a complaint about safety hazards or after a serious injury or fatality. They can also conduct targeted inspections if you're in a high-risk industry. ^[3] A typical inspection includes an opening meeting, a facility walkaround, private employee conversations, document review, and a closing conference. ^[1] Both employer and employee reps have always been able to join those walkarounds.

The Federal Change That Started It All

Federal OSHA updated their rules on April 1, 2024, allowing non-employee third parties to serve as employee representatives during inspections. As a state-plan jurisdiction, California is required to maintain standards "at least as effective" as federal OSHA — so Cal/OSHA moved to follow suit. ^[2]

Heads up: The federal rule is currently stayed pending litigation in a Texas federal court. ^[30] That legal uncertainty is part of why some critics are pushing back on California moving forward with its own version.

What's Actually Changing: The New Walkaround Rules ^[2]

Who Can Be an Employee Representative Now

Under the proposed rule, your employee representative would no longer have to work for your company. You'd be able to choose from three options: someone on your payroll, a collective bargaining representative, or a third party. 

Third-Party Representatives: What They Need to Prove

Third parties can't just walk in. They'd need to show "good cause" — meaning they have to demonstrate why their presence makes the inspection more thorough. That could be technical expertise, experience with similar workplaces, or language skills that help with communication. Cal/OSHA inspectors would have the final say. 

Union Representatives Get a Free Pass

Here's where California's proposal differs from the federal rule. Collective bargaining representatives would get automatic access — no good cause required. Cal/OSHA assumes union reps already have the knowledge and communication skills needed. The federal rule still requires union reps to demonstrate they'll help the inspection. 

When Disputes Come Up

Cal/OSHA would have the final say on who qualifies as an authorized representative. You can object to someone's participation, but inspectors make the call on the spot. They can also remove anyone who disrupts a fair inspection. 

What This Means for Your Workplace

Union Activity During Inspections

Critics say the rule opens the door for union organizing. If a union organizer talks with your employees, encourages them to file a complaint, then gets named as their inspection representative — they've got official status at your worksite. ^[4] Wearing union gear is generally fine, but handing out authorization cards crosses the line. Compliance officers can still remove anyone who disrupts the process. ^[5]

Protecting Your Trade Secrets

You'd be able to require that employee representatives entering sensitive areas actually work in those areas or have your approval. ^[6] Third-party reps couldn't keep photos or materials OSHA provides, and they couldn't take pictures without your permission. ^[8]

PPE for Extra Participants

You'd need to provide safety equipment to third-party representatives if you have extra PPE available. ^[8] Running short? That could look like discrimination or interference — so it's worth staying stocked up.

Getting Ready: Simple Steps to Stay Compliant

Set Up Your Inspection Game Plan

Even while the rule is still being finalized, it's smart to have a written inspection policy in place now. ^[9] Keep it simple: who greets inspectors, who gets called right away, and which manager leads the walkaround. Train supervisors on handling inspections with multiple reps, and map out trade secret areas so access protocols are clear. ^[6]

Training That Actually Helps: Conducting Workplace Inspections

Your team needs real training on inspection basics. Vubiz's Conducting Workplace Inspections course walks employees through how safety inspections work and what to expect. No stress. No jargon.

Your Workplace Safety Inspection Checklist

Cal/OSHA requires periodic inspections to spot unsafe conditions. ^[14] Run through your checklist once a year and keep copies on file for at least 12 months. ^[11] Cover the basics:

• Walkways and stairways
• Fire exits
• Electrical equipment
• PPE availability
• Emergency action plans

What's Next

The comment period is closed, and Cal/OSHA is now reviewing feedback before deciding whether to finalize, revise, or withdraw the rule. There was notable opposition — including calls from employer groups to withdraw the proposal entirely. ^[21] The outcome of the federal walkaround rule's legal challenges in Texas could also influence where California goes from here. ^[30]

The bottom line: this isn't over, but it's not going away either. The time to get your team prepared is now — before a final rule drops.

Vubiz's Conducting Workplace Inspections course gives your team the know-how they need for whatever comes next. We've got your back as this continues to unfold.

References

[1] — ogletree.com — Breaking Down Cal/OSHA's 2026 Walkaround Rule Proposal

[2] — hrwatchdog.calchamber.com — Cal/OSHA Releases Proposed Workplace Inspection "Walkaround" Rule

[3] — dir.ca.gov — What to Expect from a Cal/OSHA Inspection (PDF)

[4] — hrcalifornia.calchamber.com — Preparing for Cal/OSHA Workplace Safety Inspections

[5] — morganlewis.com — OSHA Issues Final Walkaround Rule Giving Unions and Third Parties Access

[6] — pillsburylaw.com — Cal/OSHA Proposes Inspection "Walkaround Rule"

[8] — bakerdonelson.com — OSHA Clarifies Walkaround Rule with Newly Issued FAQ

[9] — duanemorris.com — OSHA's New Walkaround Rule Permits Union Representatives to Join Compliance Officers

[10] — dir.ca.gov — California Code of Regulations Title 8, Section 376.6

[11] — printing.org — OSHA Walkaround Rule Allows Third Parties, Including Union Reps, at Any Worksite

[14] — ehs.stanford.edu — Workplace Safety Inspection Checklist (PDF)

[21] — printing.org — Employer Opposition Letter to Cal/OSHA Walkaround Proposed Rule (April 1, 2026)

[30] — lexology.com — Cal/OSHA's Proposed Walkaround Rule: Key Takeaways for California Employers