N.Y. Comp. Codes R. & Regs. tit. 12 § 802.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 802.4 - Advance notice of inspections

(a) Advance notice of inspections shall not be given, except in the following situations:

(1) in cases of apparent imminent danger to enable the employer to abate the danger as quickly as possible;

(2) in circumstances where the inspection can most effectively be conducted after regular business hours or where special preparations are necessary for inspection;

(3) where necessary, to assure the presence of a representative of the employer and an authorized employee representative needed to aid in the inspection; or

(4) in other cirucmstances where the Director of the Division of Safety and Health determines that the giving of advance notice would enhance the probability of an effective and thorough inspection.

(b) Advance notice in any of the situations described in subdivision (a) of this section shall not be given more than 24 hours before the inspection is scheduled to be conducted, except that the 24-hour time limitation shall not apply to apparent imminent danger situations.

(c) When advance notice is given to the employer, it shall promptly notify the authorized employee representative(s) of the inspection, if the identity of such representative(s) is known to the employer, or it may request the D.O.L. inspector to inform the authorized employee representative(s) of the inspection if it furnishes the identity of such representative(s) and any other pertinent information.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 802.4