R 408.22325 Conduct of inspections or investigations.

Rule 2325. (1) Subject to the provisions of R 408.22321, the department director or the department director’s designee may direct the times and places of employment where inspections and investigations take place. At the beginning of an inspection or investigation, the department representatives shall present their credentials to the owner, operator, or an agent in charge at the establishment, explain the nature and purpose of the inspection or investigation, and indicate generally the scope of the inspection or investigation and the records specified in R 408.22321 that the department representatives wish to review. However, the designation of records must not preclude access to additional records specified in R 408.22321. (2) Department representatives may take air, environmental, and material samples; take or obtain photographs related to the purpose of the inspection or investigation; employ other reasonable investigative techniques; and question privately any employer, owner, operator, agent, or employee of an establishment subject to (R 408.22331 on trade secrets). (3) In taking photographs and samples, the department representatives shall take reasonable precautions to ensure that such actions with flash, spark-producing, or other equipment are not hazardous. Department representatives shall comply with all employer safety and health rules and practices at the establishment being inspected, and the department representatives shall wear and use appropriate protective clothing and equipment. (4) The conduct of inspections or investigations must preclude unreasonable disruption of the operations of the employer's establishment. (5) Following the completion of an inspection or investigation by the department representative, an opportunity for a conference shall be afforded the employer or the employer’s representative and the employee or employee representative to informally advise them of any apparent safety or health violations disclosed by the inspection or investigation. During the conference, the employer or employee is afforded an opportunity to bring to the attention of the department representative information regarding conditions in the workplace pertinent to the apparent safety or health violations. (6) Inspections or investigations must be conducted pursuant to the requirements of this part.