R 325.5217 Presence of representatives of licensees or registrants and workers during investigations.

Rule 217. (1) A licensee or registrant shall afford opportunity to a department representative, at all reasonable times, to inspect or investigate materials, machines, activities, facilities, premises, and records pursuant to these rules. (2) A licensee or registrant, or his or her authorized representative, may accompany a department representative during all phases of an investigation except during consultation with workers as specified in Rule 218. (3) If, at the time of investigation, an individual has been authorized by the workers to represent them during department investigations, the licensee or registrant shall notify the department representative of such authorization and shall give the workers' representative an opportunity to accompany the department representative during the investigation of physical working conditions. (4) Each worker’s representative shall be routinely engaged in work under control of the licensee or registrant and shall have received instructions as specified in Rule 215. (5) Different representatives of licensees or registrants and workers may accompany the department representative during different phases of an investigation if there is no resulting interference with the conduct of the investigation. However, only 1 workers' representative at a time may accompany the department representative. (6) With the approval of the licensee or registrant and the worker’s representative, an individual who is not routinely engaged in work under control of the licensee or registrant, for example a consultant to the licensee or registrant or to the workers’ representative, shall be afforded the opportunity to accompany the department representative during the investigation of physical working conditions. (7) Notwithstanding the other provisions of this rule, a department representative may refuse to permit accompaniment by any individual who deliberately interferes with a fair and orderly investigation. With regard to any area containing proprietary information, the workers' representative for that area shall be an individual previously authorized by the licensee or registrant to enter that area.