N.Y. Comp. Codes R. & Regs. tit. 12 § 802.5

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

Section 802.5 - Inspection walkaround rights

(a) Section 27-a, subdivision 5(b) of the Labor Law requires that, "A representative of the employer and an authorized employee representative shall be given the opportunity to accompany the commissioner during an inspection for the purpose of aiding such inspection."

(b) Authorized employee representative as defined by section 27-a, subdivision 1 (c) of the Labor Law means an employee authorized by the employees or the designated representative of an employee organization recognized or certified to represent the employees pursuant to article 14 of the Civil Service Law. If there is no authorized employee representative, or if the D.O.L. inspector is unable to determine with reasonable certainty who is such representative, he shall consult with a reasonable number of employees concerning matters of safety and health in the workplace.

(c) The D.O.L. inspector shall be in charge of the inspection and questioning of persons, and may permit additional employer representatives and additional authorized employee representatives to accompany him during the inspection where he determines that such additional representatives will further aid an inspection. However, for purposes of this section, where there is more than one recognized or certified employee organization representing the employees, the designated representative of each such employee organization shall be given the opportunity to accompany the D.O.L. inspector during an inspection.

(d) Where there is no recognized or certified employee organization, an employee representative who is authorized by the employees to accompany the D.O.L. inspector during an inspection shall be an employee who is employed in the workplace to be inspected. An employee representative who is the designated representative of an employee organization to accompany the D.O.L. inspector during an inspection may be such an employee or a third party who is not an employee employed in the workplace to be inspected. The D.O.L. inspector shall have authority to resolve all disputes as to who are the representative(s) of the employer and the authorized employee representative(s) for the purpose of this section.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 802.5