R 408.22326 Representatives of employers and employees.

Rule 2326. (1) Department representatives are in charge of conducting inspections or investigations and may question persons affected by the inspection or investigation. A representative of the employer and a representative authorized by employees shall be given an opportunity to accompany the department representative during the physical inspection or investigation of a workplace for the purpose of aiding the inspection or investigation. A department representative may allow additional employer representatives and additional representatives authorized by employees to accompany the department representative when it is determined that the additional representatives may further aid the inspection or investigation. A different employer and employee representative may accompany the department representative during each different phase of an inspection or investigation if this does not interfere with the conduct of the inspection or investigation. (2) Department representatives may resolve all disputes as to who is the representative authorized by the employer and employees for the purpose of this rule. If there is no authorized representative of employees, or if the department representative is unable to determine with reasonable certainty who is the representative, the department representative shall consult with a reasonable number of employees concerning matters of safety and health in the workplace. (3) The representative or representatives authorized by employees may be an employee of the employer or a third party. When the representative or representatives authorized by employees is not an employee of the employer, they may accompany the department representative during the inspection if, in the judgment of the department representative, good cause has been shown why accompaniment by a third party is reasonably necessary to the conduct of an effective and thorough physical inspection of the workplace, including, but not limited to, because of their relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces or language or communication skills. (4) Department representatives may deny the right of accompaniment under this rule to a person whose conduct interferes with a fair and orderly inspection or investigation. The right of accompaniment in areas containing trade secrets is subject to the provisions of R 408.22331(4). 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 the information may accompany a department representative in areas containing such information.