R 408.22324 Advance notice of inspection or investigation.

Rule 2324. (1) Advance notice of inspections or investigations shall not be given except in the following situations: (a) In cases of apparent imminent danger, to enable the employer to abate the danger as quickly as possible. (b) In circumstances where the inspection or investigation can most effectively be conducted after regular business hours, or where special preparations are necessary for an inspection or investigation. (c) Where necessary to assure the presence of representatives of the employer and employees or the appropriate personnel needed to aid in the inspection or investigation. (d) In other circumstances where the department director or the department director’s designee determines that the giving of advance notice would enhance the probability of an effective and thorough inspection or investigation. (2) In the situations described in subrule (1) of this rule, advance notice of inspections or investigations may be given only if authorized by the department director or the department director’s designee. (3) When advance notice is given, it is the employer's responsibility to promptly notify the authorized representative of employees of the inspection or investigation, if the identity of such representative is known to the employer. On the request of the employer, the department representative shall inform the authorized representative of employees of the inspection or investigation, provided that the employer furnishes the department representative with the identity of the representative and with other information as is necessary to enable the department representative to promptly inform the representative of the inspection or investigation. An employer that fails to comply with the employer’s obligation under this rule to promptly inform the authorized representative of employees of the inspection or investigation, or to furnish such information as is necessary to enable the department representative to promptly inform the representative of the inspection or investigation, is subject to citation and penalty under section 35(3) of the act, MCL 408.1035. (4) Advance notice in any of the situations described in subrule (1) of this rule shall not be given more than 24 hours before the inspection or investigation is scheduled to be conducted, except in apparent imminent danger situations and in other unusual circumstances. (5) A person who gives advance notice of an inspection or investigation to be conducted under the act, without authority from the department director or the department director’s designees, shall, on conviction, be punished by a fine of not more than $1,000.00 or by imprisonment for not more than 6 months, or by both, as provided in section 35(8) of the act, MCL 408.1035.