HAR §12-51-6. Advance notice of inspections

(a) Advance notice of inspections may not be given, except: (1) In cases of apparent imminent danger, to enable the employer to abate the danger as quickly as possible; (2) In circumstances where the inspection can most effectively be conducted after regular business hours or where special preparations are necessary for an inspection; (3) Where necessary to assure the presence of representatives of the employer and employees or the appropriate personnel needed to aid in the inspection; and (4) In other circumstances where the director determines that the giving of advance notice would enhance the probability of an effective and thorough inspection. (b) In the situations described in subsection (a) above, advance notice of inspections may be given only if authorized by the director, except that in cases of apparent imminent danger, advance notice may be given by the safety and health compliance officer without this authorization if the director is not immediately available. When advance notice is given, it shall be the employer's responsibility to promptly notify the designated representative of the employees of the inspection, if the identity of the representative is known to the employer. Section 12-51-8(b) shall apply to situations where there is no designated representative of the employees. Upon the request of the employer, the safety and health compliance officer shall inform the designated representative of the employees of the inspection, if the employer furnishes the safety and health compliance officer with the identity of the representative and with other information that may be necessary to enable the officer to inform the representative promptly of the inspection. An employer who fails to comply with the obligations to promptly inform the designated representative of the employees of the inspection or to furnish information that is necessary to enable the safety and health compliance officer to inform the representative promptly of the inspection, may be subject to citation and penalty under the law. Advance notice in any of the situations described in subsection (a) above shall not be given more than twenty four hours before the inspection is scheduled to be conducted, except in apparent imminent danger situations and in other unusual circumstances and as otherwise required by the nature of the inspection. [Eff. 7/12/82; am 8/15/87] (Auth: HRS §396-4) (Imp: HRS §396-4 and §396-8)