HAR §12-51-8. Representatives of employers and employees

(a) Safety and health compliance officers shall be in charge of inspections and interviews. A representative of the employer and a designated representative of the employees shall be given an opportunity to accompany the safety and health compliance officer during the physical inspection of any workplace for the purpose of aiding an inspection. A safety and health compliance officer may permit additional employer representatives and additional designated representatives of the employees when the officer determines that the additional representatives will further aid the inspection. A different employer and employee representative may accompany the safety and health compliance officer during each different phase of an inspection if this will not interfere with the inspection. (b) Safety and health compliance officers shall resolve all disputes as to whom is the representative authorized by the employer and employees for the purpose of this section. If there is no designated representative of the employees, or if the safety and health compliance officer is unable to determine with reasonable certainty who is the designated representative, the officer shall consult with a reasonable number of employees concerning matters of safety and health in the workplace. (c) The designated representative of the employees should be an employee of the employer. However, if, in the judgment of the safety and health compliance officer, good cause has been shown why accompaniment by a third party who is not an employee of the employer (such as an industrial hygienist or a safety professional) is reasonably necessary to conduct an effective and thorough physical inspection of the workplace, that third party may accompany the safety and health compliance officer during the inspection. (d) Employee representatives are encouraged to participate in all phases of the enforcement proceedings. This includes the opening conference, walk around inspection, closing conference, and the informal conferences with the administrator. (e) Safety and health compliance officers are authorized to deny the §12-51 6 right of accompaniment under this section to any person whose conduct interferes with a fair and orderly inspection. With regard to information classified by an agency of the federal government in the interest of national security, only persons authorized to have access to this information may accompany a safety and health compliance officer in areas containing this information. [Eff. 7/12/82; am 8/15/87] (Auth: HRS §396-4) (Imp: HRS §396-4 and §396-8)