HAR §12-51-7. Conduct of inspections

(a) Subject to section 12-51-3, inspections shall take place at times and in places of employment as the director, the administrator, or the safety and health compliance officer may direct. At the beginning of an inspection, safety and health compliance officers shall present their credentials to the owner, operator, or agent in charge at the establishment, explain the nature and purpose of the inspection, and indicate generally the scope of the inspection and the records specified in section 12-51-3 which they wish to review. However, this designation of records shall not preclude access to additional records specified in section 12-51-3. (b) Safety and health compliance officers may take environmental samples and take or obtain photographs related to the purpose of the §12-51 5 inspection, employ other reasonable investigative techniques, and question privately any employer, owner, operator, agent, or employee of an establishment. The term "employ other reasonable investigative techniques" includes, but is not limited to, the use of devices to measure employee exposures and the attachment of personal sampling equipment (such as dosimeters, pumps, badges, and other similar devices) to employees in order to monitor their exposures. (c) In taking photographs and samples, safety and health compliance officers shall take reasonable precautions to insure that actions with equipment (such as flash- or spark-producing equipment) will not be hazardous. Safety and health compliance officers shall comply with all employer safety and health rules and practices at the establishment being inspected, and they shall wear and use appropriate protective clothing and equipment. (d) Inspections shall be conducted in a manner to preclude unreasonable disruption of the operations of the employer's establishment. (e) At the conclusion of an inspection, the safety and health compliance officer shall confer with the employer or their chosen representative and informally advise either of them of any apparent safety or health violations disclosed by the inspection. During this closing conference, the employer shall be afforded an opportunity to bring to the attention of the safety and health compliance officer any information regarding conditions in the workplace. [Eff. 7/12/82; am 5/28/83; am 8/15/87] (Auth: HRS §396-4) (Imp: HRS §396-4)