N.M. Admin. Code § 20.3.10.1004
Current through Register Vol. 35, No. 17, September 10, 2024
Section 20.3.10.1004 - PRESENCE OF REPRESENTATIVES OF LICENSEE OR REGISTRANT AND WORKERS DURING INSPECTIONA. Each licensee, applicant for a license or registrant shall afford to the department at all reasonable times opportunity to inspect materials, machines, activities, facilities, premises and records pursuant to this chapter.B. During an inspection, department inspectors may consult privately with workers as specified in 20.3.10.1005 NMAC. The licensee, registrant or their representative may accompany department inspectors during other phases of an inspection.C. If, at the time of inspection, an individual has been authorized by the workers to represent them during department inspections, the licensee or registrant shall notify the inspectors of such authorization and shall give the workers' representative an opportunity to accompany the inspectors during the inspection of physical working conditions.D. Each worker's representative shall be routinely engaged in work under control of the licensee or registrant and shall have received instructions as specified in 20.3.10.1002 NMAC.E. Different representatives of licensees or registrants, and workers may accompany the inspectors during different phases of an inspection if there is no resulting interference with the conduct of the inspection. However, only one worker's representative at a time may accompany the inspectors.F. With the approval of the licensee or registrant, and the workers' representative, and individual who is not routinely engaged in work under control of the licensee or registrant, for example, a consultant to the licensee or registrant, or to the workers' representative, shall be afforded the opportunity to accompany department inspectors during the inspection of physical working conditions.G. Notwithstanding the other provisions of this section, department inspectors are authorized to refuse to permit accompaniment by any individual who deliberately interferes with a fair and orderly inspection. With regard to any area containing information classified by an agency of the United States government in the interest of national security, an individual who accompanies an inspector may have access to such information only if authorized to do so. With regards to any area containing proprietary information, the workers' representative for that area shall be an individual previously authorized by the licensee or registrant to enter the area.N.M. Admin. Code § 20.3.10.1004
20.3.10.1004 NMAC - Rp, 20 NMAC 3.1.10.1004, 6/30/2011