(a) Any Department authorized representative may: - (i) Inspect at reasonable times any factory, plant, establishment, construction site, or other area, workplace or environment, except private residences, where work is performed by an employee of an employer;
- (ii) Investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment, and all pertinent conditions, structures, machines, apparatus, devices, equipment and materials therein;
- (iii) Question privately any employer, owner, operator, agent or employee;
- (iv) Review records required by the Act and regulations published in these Rules of Practice and Procedure; and,
- (v) Inspect and review any other records which are directly related to the purpose of the inspection.
(b) The right of entry and inspection shall also include the authority to take samples and to take or obtain photographs, videos, etc. related to the purpose of the inspection and employ other reasonable investigative techniques. The term employ "other reasonable investigative techniques" includes, but is not limited to, the use of devices to measure employee exposures and the attachment of sampling equipment such as pumps, dosimeters and other similar devices to employees in order to measure their exposure, and shall provide such entry for the purpose of enforcement, inspection or technical assistance.
(c) Prior to inspecting areas containing information which is classified by an agency of the United States Government in the interest of national security, the Department representative shall have obtained the appropriate security clearance.
(d) Pre-Inspection process: - (i) Initial or pre-inspection conference. The Department representative shall explain the nature and purpose of the inspection; and indicate generally the scope of the inspection and the records which they wish to review. Such designation of records shall not preclude access to additional records necessary for the inspection.
- (ii) The Department representative shall notify the employer in writing of their right to refuse the representative entry to investigate health and safety conditions unless a warrant is obtained from a court of competent jurisdiction.
- (iii) Inspections shall be such conducted so as to minimize disruption of operations of the employer's establishment.
- (iv) A representative or representatives of the employer and a representative or representatives of the employee(s) shall be given an opportunity to accompany the Department representative before or during the physical inspection of any workplace for the purpose of aiding such inspection. Where there is no authorized employee representative, the Department representative shall consult in private with a reasonable number of employees concerning matters of health and safety in the workplace.
- (A) Any representative(s) authorized by the employee(s) shall be an employee(s) of the employer. However, if at the discretion of the Department representative, good cause has been shown that a third party, who is not an employee of the employer (such as an industrial hygienist or a safety engineer), is reasonably necessary to conduct an effective and thorough physical inspection of the workplace, such third party may accompany the Department representative during the inspection.
- (B) The Department representative is authorized to deny the right of accompaniment to any individual whose conduct interferes with a fair and orderly inspection.
- (v) The Department representative may consult in private with employees concerning matters of occupational safety and health to the extent they deem necessary for the conduct of an effective and thorough inspection. During the course of an inspection, any employee shall be afforded an opportunity to bring any violation of the Act which he has reason to believe exists in the workplace to the attention of the Department representative.
- (vi) Upon a refusal to permit a Department representative to enter; inspect; review records; question any employer, owner, operator, agent, or employee in private; or to permit a representative of employees to accompany the Department representative during the physical inspection of any workplace the Department representative shall terminate the inspection or confine the inspection to other non- objectionable areas, conditions, structures, machines, apparatus, devices, equipment, materials, records, or interviews. The Department representative shall endeavor to ascertain the reason for such refusal, and shall immediately report the refusal and the reason to the Compliance Manager. The Compliance Manager shall consult with the OSHA Deputy Administrator and the Attorney General, or his representative, to initiate appropriate action.
- (A) A warrant may be sought in advance of an attempted inspection or investigation if, in the judgment of the OSHA Deputy Administrator, circumstances exist which make such action desirable or necessary. Examples of circumstances in which it may be desirable or necessary to seek a warrant in advance of an attempt to inspect or investigate include, but are not limited to:
- (I) When the employer's past practice either implicitly or explicitly puts the Department on notice that a warrantless inspection will not be allowed;
- (1) Any permission to enter, inspect, review records, or question privately any individual, shall not imply or be conditioned upon a waiver of any cause of action, citation, or penalty under the Act. Department representatives are not authorized to grant any such waiver.
- (vii) Advance notice of inspections may not be given, except in the following situations:
- (A) In cases of apparent imminent danger, to enable the employer to abate the danger as quickly as possible;
- (B) In circumstances where the inspection can most effectively be conducted after regular business hours or where special preparations are necessary for an inspection;
- (C) Where necessary to assure the presence of representatives of the employer and employees or the appropriate personnel needed to aid in the inspection;
- (D) In other circumstances where the OSHA Deputy Administrator determines that the giving of advance notice would enhance the probability of an effective and thorough inspection; and,
- (E) Except as specified above, any person who gives advance notice of any inspection, investigation or response to a complaint to be conducted under the authority, and for the purpose of enforcement of the Act, without the consent of the OSHA Deputy Administrator shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine of not more than $10,000, or by imprisonment for than six (6) months or both.
- (viii) Advance notice in any of the situations described in paragraph (vii) of this section shall not be given more than 24 hours before the inspection is scheduled to be conducted, except in apparent imminent danger situations and in other unusual circumstances.
- (ix) As described in paragraph (vii) of this section, advance notice of inspections may be given only if authorized by the OSHA Deputy Administrator, except that in cases of apparent imminent danger, advance notice may be given by the Compliance Manager without authorization if the OSHA Deputy Administrator is not immediately available. When advance notice is given, it shall be the employer's responsibility promptly to notify the authorized representative of employees of the inspection, if the identity of such representative is known to the employer.
- (A) The Department representative shall have authority to resolve all disputes as to who is to be the representative(s) authorized by the employees for the purpose of this section.
- (B) If there is no authorized representative of employees, or if the Department representative is unable to determine with reasonable certainty who is such representative, he shall consult privately with a reasonable number of employees concerning matters of safety and health in the workplace.
- (C) An employer who fails to comply with his obligation under this paragraph promptly to inform the authorized representative of employees of the inspection or to furnish such information as is necessary to enable the Department representative promptly to inform such representative of the inspection, may be subject to citation and penalty under W.S. § 27-11-107 of the Act.
- (x) At the conclusion of an inspection, the Department representative shall confer with the employer or his representative and informally advise him of any safety or health violations disclosed by the inspection. During such conference, the employer shall be afforded an opportunity to bring to the attention of the representative any pertinent information regarding conditions in the workplace.
Amended, Eff. 12/12/2017.