R 333.5096
R 333.5096 Presence of representatives of registrants and workers during inspection.
Cite as Mich. Admin. Code R 333.5096
Rule 96. (1) A registrant or an applicant for a registration shall allow the department
at all reasonable times, the opportunity to inspect machines, activities, facilities,
premises, and records under these rules.
(2) During an inspection, the registrant shall allow department inspectors to consult
privately with workers as specified in R 333.5097. The registrant may accompany
department inspectors at times other than the private consultation with workers.
(3) If the workers have authorized an individual to represent them during department
inspections, the registrant shall notify the inspectors of the authorization and shall permit
the workers' representative to accompany the inspectors during the inspection of physical
working conditions.
(4) A worker’s representative shall be routinely engaged in work under control of the
registrant and shall have received instructions as specified in R 333.5093.
(5) If there is no resulting interference with the conduct of the inspection, different
representatives of registrants and workers may accompany the inspectors during different
phases of an inspection. However, only 1 workers' representative at a time may
accompany the inspectors.
(6) With the approval of the registrant and the workers' representative, an individual
who is not routinely engaged in work under control of the registrant, for example, a
consultant to the registrant or to the workers' representative, may accompany department
inspectors during the inspection of physical working conditions.
(7) Department inspectors may refuse to permit accompaniment by an individual
who deliberately interferes with a fair and orderly inspection.
(8) Unless previously authorized by the registrant, a worker’s representative shall
not have access to an area containing proprietary information.