3-3107. Inspection of places and practices of employment; employee initiation of investigation; violation; injunction; classification

A. The assistant director or his authorized representative, on presentation of credentials, shall be permitted to inspect places of employment, question employees and investigate conditions, practices or matters in connection with employment subject to this article at reasonable times as he may deem appropriate to determine whether any person has violated this article or any rule which is adopted under this article or which may aid in enforcing this article. An employer or other person shall admit the assistant director or his authorized representatives to any such place and permit the inspection if the proper credentials are presented and the inspection is made at a reasonable time.

B. Notice of an intended inspection shall not be given to an employer before the time of actual entry on the workplace, except by specific authorization by the assistant director.

C. Within five days after the inspection the director shall inform any employer in writing if the director anticipates an enforcement action. The notice of a potential enforcement action shall indicate the nature of the alleged violation and the last possible date for issuing a citation under section 3-3110 or an advisory notice under section 3-3111. If in the course of an investigation the department identifies any additional alleged violator, the director shall inform the additional alleged violator within five days of initiating the new investigation. The notice of a potential enforcement action against the additional alleged violator shall indicate the nature of the alleged violation and the last possible date for issuing a citation under section 3-3110 or an advisory notice under section 3-3111. If the director does not issue a notice of a potential enforcement action, the director shall inform the employer within fifteen days after the inspection that the director does not anticipate any enforcement action.

D. If the director investigates an alleged violation under this article and rules adopted pursuant to this article and determines that the violation did not result in any adverse health effects, the director may issue a letter of warning.

E. A representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the assistant director or his authorized representative during the physical inspection of any workplace for the purpose of aiding such inspection. If there is no authorized employee representative, the assistant director or his authorized representative shall consult a reasonable number of employees concerning matters of safety and health in the workplace.

F. Information and facts developed by the department, the assistant director or any employee of the department or office in the course of any inspection or investigation are public records pursuant to title 39, chapter 1, article 2 if, pursuant to section 3-3110, subsection D, the inspection or investigation has been closed or a citation has been issued. Such information and facts are not admissible in any court or before any administrative body except pursuant to this article. Notwithstanding the provisions of this subsection, the assistant director or any employee of the department is not required to appear at any deposition, trial or hearing concerning an office inspection or investigation unless the appearance is related to a hearing held pursuant to this article. Hearings held pursuant to this article are open to the public.

G. An employee or a representative of employees who believes that a violation of a safety or health standard or rule exists that threatens physical harm or that an imminent danger exists may request an investigation by notifying the assistant director or his authorized representative of such violation or danger. Any such notice shall be in writing, shall state with reasonable particularity the grounds for the notice and shall be signed by the employees or representative of the employees. On the request of the employee giving such notice, his name and the names of other employees referred to in the notice shall not appear on any copy of the notice or any record published, released or made available. If on receipt of the notice the assistant director determines that there are reasonable grounds to believe that such violation or danger exists, he shall make an investigation pursuant to this article as soon as practicable to determine if a violation or danger exists. If the assistant director determines that there are no reasonable grounds to believe that a violation or danger exists, he shall notify the employees or the representative of the employees in writing of that determination.

H. The department, or its authorized representative, in addition to initiating an action under subsection G of this section, may file in the superior court in the county where the inspection was refused a verified complaint against an employer who violates subsection A of this section and may request an injunction against the continued refusal to permit an inspection.

I. A person who violates this section is guilty of a class 2 misdemeanor.