R 325.3561 Conduct of inspection.

Rule 11. (1) Subject to the provisions of R 325.3555, an inspection shall take place at such times and in such places of employment as the department director or his or her designee may direct. At the beginning of an inspection, the department representative shall present his or her credentials to the asbestos abatement contractor, employer, owner, operator, agent, construction contractor, or construction subcontractor in charge of the establishment, explain the nature and purpose of the inspection, and generally indicate the scope of the inspection and the records specified in R 325.3555 which he or she wishes to review. A designation of records shall not preclude access to additional records as specified in R 325.3555. (2) A department representative may take air, environmental, and material samples, take or obtain photographs related to the purpose of the inspection, employ other reasonable investigative techniques, and question privately any asbestos abatement contractor, employer, owner, operator, agent, construction contractor, construction subcontractor, or employee. (3) In taking photographs and samples, a department representative shall take reasonable precautions to insure that any actions with flash equipment or spark- producing or other equipment are not hazardous. The department representative shall comply with all employer safety and health rules and practices at the establishment being inspected and shall wear and use appropriate protective clothing and equipment. (4) The conduct of inspections shall not cause unreasonable disruption of the operations of the employer's establishment. (5) Following the completion of an inspection by the department representative, an opportunity for a conference shall be afforded the asbestos abatement contractor or his or her representative to informally advise the contractor or his or her representative of any apparent violations disclosed by the inspection. During the conference, the asbestos abatement contractor shall be afforded an opportunity to bring to the attention of the department representative any information regarding conditions in the workplace pertinent to any apparent violations.