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A BRIEF LOOK AT The Occu pationa I Sa
ployees and employers in order to carry out HEW's functions under the ar:t.
Advance Notice
Only the area director can give advance notice o{ an inspection. Howevcr, advance notice may be given in the following situations: In cases of immincnt danger to give the employer an opportunity to abate the danger as quickly as possible or where the inspection will be conducted after regular business hours or in circumstances where special preparations are necessary for an inspection.
Advance notice also may be given where reasonably necessary to assure the presence of representatives of the employer and employees or the applopriate personnel needed to aid in the inspection.
The Inspection
Compliance officers have the authority to take photographs and samples, and employ othcr rcasonable investigative tct'hniqucs.
When makirrg inspections, the compliance officer is required to present his credentials to the highest oflicial or employer available and explain the general nature and purpose of the inspection, and indicate those records he wishes to review and employees he wishes to question. Such designations will not, however, preclude access to addi.
tional records or questioning of additional persons if required.
Watk Around
A rcpresentative of the employer and a representative authorized by the employees, each subject to the approval of the compliance of{icer, may accompany the inspcctor during any inspection.
In places of employment where employees are represented by different representatives, a di{ferent employee representative for different phases o{ the inspection is allowed. In addition, more than one employee representative ma)- accompany the compliance officer during any phase of the inspection.
Oonsultation With Emptoyees
During ar) ilrspection. dny employee may ,-ronsult with the compliance offi<r'r in privatc. Where therc is no authorized employee representative (no unior"r), the r:ompliance officer may consult with a rcasonablt: number oI employees concerning safety and health at their workplaces.
Any employee or employee representative may request an inspection by giving writtcn notice to the arta director. A notice should set lorLrr the grounds for the notice, w'hether it concerns an imminent daneer and whal steps the cmployee ha. taken to recti{y the condition. The notice shorrld be signed by the employee