3-3107

3-3107. Inspection of places and practices of
employment; employee initiation of investigation; violation;
injunction; classification

A. The assistant director or his authorized representative, on presentation of
credentials, shall be permitted to inspect places of employment, question employees and
investigate conditions, practices or matters in connection with employment subject to
this article at reasonable times as he may deem appropriate to determine whether any
person has violated this article or any rule which is adopted under this article or which
may aid in enforcing this article. An employer or other person shall admit the assistant
director or his authorized representatives to any such place and permit the inspection if
the proper credentials are presented and the inspection is made at a reasonable time.

B. Notice of an intended inspection shall not be given to an employer before the
time of actual entry on the workplace, except by specific authorization by the assistant
director.

C. Within five days after the inspection the director shall inform any employer in
writing if the director anticipates an enforcement action. The notice of a potential
enforcement action shall indicate the nature of the alleged violation and the last
possible date for issuing a citation under section 3-3110 or an advisory notice under
section 3-3111. If in the course of an investigation the department identifies any
additional alleged violator, the director shall inform the additional alleged violator
within five days of initiating the new investigation. The notice of a potential
enforcement action against the additional alleged violator shall indicate the nature of
the alleged violation and the last possible date for issuing a citation under section
3-3110 or an advisory notice under section 3-3111. If the director does not issue a
notice of a potential enforcement action, the director shall inform the employer within
fifteen days after the inspection that the director does not anticipate any enforcement
action.

D. If the director investigates an alleged violation under this article and rules
adopted pursuant to this article and determines that the violation did not result in any
adverse health effects, the director may issue a letter of warning.

E. A representative of the employer and a representative authorized by his
employees shall be given an opportunity to accompany the assistant director or his
authorized representative during the physical inspection of any workplace for the purpose
of aiding such inspection. If there is no authorized employee representative, the
assistant director or his authorized representative shall consult a reasonable number of
employees concerning matters of safety and health in the workplace.

F. Information and facts developed by the department, the assistant director or any
employee of the department or office in the course of any inspection or investigation are
public records pursuant to title 39, chapter 1, article 2 if, pursuant to section 3-3110,
subsection D, the inspection or investigation has been closed or a citation has been
issued. Such information and facts are not admissible in any court or before any
administrative body except pursuant to this article. Notwithstanding the provisions of
this subsection, the assistant director or any employee of the department is not required
to appear at any deposition, trial or hearing concerning an office inspection or
investigation unless the appearance is related to a hearing held pursuant to this
article. Hearings held pursuant to this article are open to the public.

G. An employee or a representative of employees who believes that a violation of a
safety or health standard or rule exists that threatens physical harm or that an imminent
danger exists may request an investigation by notifying the assistant director or his
authorized representative of such violation or danger. Any such notice shall be in
writing, shall state with reasonable particularity the grounds for the notice and shall
be signed by the employees or representative of the employees. On the request of the
employee giving such notice, his name and the names of other employees referred to in the
notice shall not appear on any copy of the notice or any record published, released or
made available. If on receipt of the notice the assistant director determines that there
are reasonable grounds to believe that such violation or danger exists, he shall make an
investigation pursuant to this article as soon as practicable to determine if a violation
or danger exists. If the assistant director determines that there are no reasonable
grounds to believe that a violation or danger exists, he shall notify the employees or
the representative of the employees in writing of that determination.

H. The department, or its authorized representative, in addition to initiating an
action under subsection G of this section, may file in the superior court in the county
where the inspection was refused a verified complaint against an employer who violates
subsection A of this section and may request an injunction against the continued refusal
to permit an inspection.

I. A person who violates this section is guilty of a class 2 misdemeanor.