(a) In order to carry out the purposes of this chapter, the Mayor, upon presenting appropriate credentials to the employer, is authorized, consistent with constitutional guidelines to:

(1) Enter without delay and at reasonable times, a workplace, where work is performed by an employee of an employer; and

(2) Inspect or investigate during regular work hours, at other reasonable times, within reasonable limits, and in a reasonable manner any place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, records of injuries, illnesses, and exposure to toxic materials and harmful physical agents and to question privately any person having control or custody of the workplace.

(b) The Mayor may administer oaths and require, by subpoena, the testimony of witnesses and the production of all books, registers, and other evidence relative to an inspection or investigation. The Mayor shall prescribe, by rule, fees and mileage to be paid to witnesses. The employer shall not deny regular pay or benefits to an employee subpoenaed by the Mayor as a witness. In case of failure to comply with a subpoena, the Mayor may invoke the aid of the Superior Court of the District of Columbia in requiring the attendance and testimony of witnesses and the production of evidence. In the case of contumacy or refusal to obey a subpoena, the court may issue an order requiring an appearance before the court, the production of evidence, and testimony regarding the matter in question. Failure to obey the court order may be punished by the court as contempt.

(c) The employer or a representative of the employer and an employee or an authorized representative of the employee shall be given an opportunity to accompany the Mayor during the physical inspection or investigation of the place of employment to aid in any inspection or investigation of the place of employment. An employee participating in an inspection pursuant to this subsection shall not be subject to wage deduction for a reasonable amount of time spent in connection with the inspection. When there is no employee or authorized employee representative, the Mayor shall consult with a reasonable number of employees concerning occupational safety and health matters in the workplace.

(d) Any person who believes that a violation of an occupational safety and health rule exists, that a violation of this chapter has occurred that threatens physical harm, or that an imminent danger exists may, at any time, request an inspection or investigation by giving notice to the Mayor of the suspected violation or danger. Notice may be given orally or in writing, and shall identify with reasonable particularity the suspected violation or danger.

(e) Notice, including a summary statement prepared by the Mayor setting forth the alleged violation, shall be provided to the employer or the agent of the employer no earlier than at the time of inspection or investigation, unless earlier notice is ordered by the Mayor for good cause. The name of the person or employees referred to in the request for inspection or investigation shall not appear in the notice to the employer or on any record published, released, or made available pursuant to this chapter.

(f) If upon receipt of notice, the Mayor determines that there is reason to believe that a violation or danger exists, the Mayor shall make an inspection or investigation in accordance with the provisions of this section, as soon as practicable, to determine if the violation or danger exists. If the Mayor determines that there is no reason to believe that a violation or danger exists, the Mayor shall notify the person who requested the inspection or investigation, if known, or the authorized representative of the person who requested the inspection or investigation, and provide a written statement of the final disposition of the case and the reasons.

(Mar. 16, 1989, D.C. Law 7-186, § 13, 35 DCR 8250.)

1981 Ed., § 36-1212.

Section effective: Section 26 (a) of D.C. Law 7-186 (§ 32-1124(a)) provided that §§ 36-1202, 36-1203, 36-1205 to 36-1223 (§§ 32-1102, 32-1103, 32-1105 to 32-1123, 2001 Ed.), and the repeal of subchapter II of Chapter 2 of Title 36 (Chapter 8 of Title 32, 2001 Ed.) shall apply 2 years after approval of the plan by the Secretary.