Section R. 408.22324 - Advance notice of inspection or investigationRule 1324.
(1) Advance notice of inspections or investigations shall 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.(b) In circumstances where the inspection or investigation can most effectively be conducted after regular business hours, or where special preparations are necessary for an inspection or investigation.(c) Where necessary to assure the presence of representatives of the employer and employees or the appropriate personnel needed to aid in the inspection or investigation.(d) In other circumstances where the department director or his designee determines that the giving of advance notice would enhance the probability of an effective and thorough inspection or investigation.(2) In the situations described in subrule (1) of this rule, advance notice of inspections or investigations may be given only if authorized by the department director or his designee.(3) When advance notice is given, it shall be the employer's responsibility promptly to notify the authorized representative of employees of the inspection or investigation, if the identity of such representative is known to the employer. Upon the request of the employer, the department representative shall inform the authorized representative of employees of the inspection or investigation, provided that the employer furnishes the department representative 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 or investigation. An employer who fails to comply with his obligation under this rule promptly to inform the authorized representative of employees of the inspection or investigation, or to furnish such information as is necessary to enable the department representative promptly to inform such representative of the inspection or investigation, is subject to citation and penalty under section 35(3) of the act.(4) Advance notice in any of the situations described in subrule (1) of this rule shall not be given more than 24 hours before the inspection or investigation is scheduled to be conducted, except in apparent imminent danger situations and in other unusual circumstances.(5) A person who gives advance notice of an inspection or investigation to be conducted under the act, without authority from the department director or his designees, shall, upon conviction, be punished by a fine of not more than $1,000.00 or by imprisonment for not more than 6 months, or by both, as provided in section 35(8) of the act.Mich. Admin. Code R. 408.22324