N.Y. Comp. Codes R. & Regs. tit. 12 § 802.3

Current through Register Vol. 46, No. 38, September 18, 2024

Section 802.3 - Objection to inspection

(a) Upon a refusal to permit the D.O.L. inspector, in exercise of his official duties, to enter without delay and at reasonable times any place of public employment or any place therein, to inspect, to review records, or to question any employee or any person in charge of or responsible for the care and maintenance of the workplace, in accordance with section 802.2 of this Part, or to permit an authorized employee representative to accompany the D.O.L. inspector during the physical inspection of any workplace in accordance with section 802.5 of this Part, the D.O.L. inspector shall terminate the inspection or confine the inspection to other areas, conditions, structures, machines, apparatus, devices, equipment, materials, records or interviews concerning which no objection is raised. The D.O.L. inspector shall endeavor to ascertain the reason for such refusal, and shall immediately report the refusal and the reason therefor to his supervisor. If the public employer does not countermand such refusal, the Commissioner of Labor shall take appropriate action, including obtaining compulsory legal process, if necessary. For purposes of this section, the term compulsory legal process shall mean the institution of any appropriate legal action, including ex parte application for an inspection warrant or its equivalent.

(b) Compulsory legal process shall be sought in advance of an attempted inspection or investigation if, in the judgment of the Commissioner of Labor, circumstances exist which make such compulsory process desirable or necessary.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 802.3