Advance Notice Of Inspection

(1) Advance notice of inspections may not be given, except in the following situations: (a) In cases of apparent imminent danger, to enable the employer to abate the danger as quickly as possible; OCCUPATIONAL SAFETY AND HEALTH INSPECTIONS, CHAPTER 0800-01-04 CITATIONS AND PROPOSED PENALTIES (b) In circumstances where the inspection can most effectively be conducted after regular business hours or where special preparations are necessary for an inspection; (c) Where necessary to assure the presence of representatives of the employer and employees or the appropriate personnel needed to aid in the inspection; and (d) In other circumstances where the Commissioner determines that the giving of advance notice could enhance the probability of an effective and thorough inspection. (2) In the situations described in paragraph (1) of the rule, advance notice of inspections may be given only if authorized by the Commissioner or his designee. When advance notice is given, it shall be the employer’s responsibility promptly to notify the authorized representative of employees of the inspection, if the identity of such representative is known to the employer. [See Rule 0800-01-04-.09(2) as to situations where there is no authorized representative of employees]. Upon the request of the employer, the compliance officer will inform the authorized representative of employees of the inspection, provided that the employer furnishes the compliance officer with the identity of such representative and with such other information as is necessary to enable him promptly to inform such representative of the inspection. An employer who fails to comply with his obligation under this paragraph promptly to inform the authorized representative of employees of the inspection or to furnish such information as is necessary to enable the compliance officer promptly to inform such representative of the inspection, may be subject to citation and penalty. Advance notice in any of the situations described in paragraph (1) of this rule shall not be given more than twenty-four (24) hours before the inspection is scheduled to be conducted, except in apparent imminent danger situations and in other unusual circumstances. (3) The Act provides that any person who gives advance notice of any inspection to be conducted under the Act, without authority from the Commissioner or his designees, commits a Class C misdemeanor.