On February 13, 2026, Cal/OSHA issued a Notice of Proposed Rulemaking that would significantly broaden who may accompany inspectors during workplace inspections. Although the proposal is intended to align California with federal OSHA’s 2024 revisions, it contains major differences – and more concerning elements than even the controversial federal rule – and would grant inspectors wide discretion about who, including third parties, may participate in Cal/OSHA workplace inspections.
Some of the key proposed changes include:
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- An expanded definition of representatives to accompany inspections.
- Sole authority given to inspectors to decide who may participate.
- Third‑party access to join inspections when deemed “reasonably necessary.”
- Limited trade secret protections during sensitive-area inspections.
Written comments and the public hearing on the proposed rule are both scheduled for April 1, 2026, giving stakeholders a narrow window.
Join CMC’s Cal/OSHA Walkaround Rulemaking Coalition Kickoff Call
CMC invites employers who have an interest in having a seat at the table for this rulemaking to join our Cal/OSHA Walkaround Rulemaking Coalition Kickoff Call on Thursday, March 5, 2026.
During our coalition kickoff call, we will provide an overview of the proposed Cal/OSHA Worker Walkaround Rule and detail the organization’s strategic process for engaging in the formal rulemaking proceedings.
If your organization is interested in participating in the coalition – or would like additional information before deciding – join us on March 5th or contact Rachel L. Conn, Chair of CMC’s California Practice.