Subcommittee questions OSHA enforcement changes: worker walk-arounds and instance-by-instance citations

Members of the House Education and Labor subcommittee examined recent changes in OSHA enforcement policy, including amendments to worker representation during inspections (the “walk-around” rule), the expansion of instance-by-instance citation practices, and the Severe Violator Enforcement Program.

Felicia Watson, senior counsel at Littler Mendelson, said the changes have shifted OSHA toward a more disciplinary posture and expanded instance-by-instance citation beyond willful violations to recordkeeping and other non-safety paperwork violations. Watson testified that inspections could result in multiple per-employee citations for what she described as paperwork shortcomings, and that this increases penalties without improving safety.

Why it matters: Changes to enforcement policy alter how OSHA investigators issue citations and which evidence inspectors may rely on during inspections. Employers warned that expanding per-employee counting and allowing non-employee third-party walk-around representatives could increase litigation and complexity; supporters said worker representatives and technical experts help inspectors identify hidden hazards.

Worker participation and third parties. Watson and other employer witnesses said the worker walk-around amendments allowed non-employee third parties to participate in inspections without demonstrated subject-matter expertise, creating uncertainty for employers about who may accompany an inspection. Proponents of the rule, including members and representatives citing MSHA precedent, said third-party participation can help with language barriers, technical complexity, or worker safety advocacy and historically has not disrupted inspections.

Instance-by-instance citations and paperwork. Watson and other witnesses argued that applying instance-by-instance counting to recordkeeping violations — for example, one missed log entry per employee — can multiply penalties in ways that do not correlate with safety risk. Members asked for more clarity about how the policies would be applied and urged OSHA to provide guidance to reduce uncertainty for employers and workers.

What’s next: Committee members said they expect continued oversight and requested clarity from OSHA; no formal votes or regulatory actions were taken in this hearing.