S.C. Code Regs. § § 61-64.XI.RHB 11.5

Current through Register Vol. 48, 12, December 27, 2024

Section 61-64.XI.RHB 11.5 - Presence of Registrants and Workers During Inspections

11.5.1 Each registrant shall afford to the Department, at all reasonable times, opportunity to inspect machines, activities, facilities, premises, and records pursuant to this regulation.

11.5.2 During an inspection, the registrant shall permit Department inspectors to consult privately with workers as specified in RHB 11.6. The registrant may accompany Department inspectors during other phases of an inspection.

11.5.3 If, at any time of inspection, an individual has been authorized by the workers to represent them during Department inspections, the registrant shall notify the inspectors of such authorization and shall give the workers' representative an opportunity to accompany the inspectors during the inspection of the physical working conditions.

11.5.4 Each workers' representative shall be routinely engaged in work under control of the registrant and shall have received instructions as specified in RHB 11.3. With written approval from the registrant, the workers' representative may be an individual who is not routinely engaged in work under control of the registrant, for example, a consultant to the registrant or to the workers' representative shall be afforded the opportunity to accompany Department inspectors during the inspection of physical working conditions.

11.5.5 Different representatives of 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.

11.5.6 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 proprietary information, the workers' representative for the area shall be an individual previously authorized by the registrant to enter that area.

S.C. Code Regs. § 61-64.XI.RHB 11.5

Added by State Register Volume 47, Issue No. 05, eff. 5/26/2023.