SECTION 380:40-1-10. Advance notice of inspections

(a)   Advance notice of inspections may 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 where special preparations are necessary for an inspection;

(3)   where necessary to assure the presence of representatives of the employer and employees or the appropriate personnel needed to aid in the inspection; and

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

(b)   In the situations described in paragraph (a) of this section, advance notice of inspections may be given only if authorized by the Director, except that in cases of apparent imminent danger, advance notice may be given by the PEOSH Inspector without such authorization if the Director 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. Upon the request of the employer, the PEOSH Inspector will inform the authorized representative of employees of the inspection, provided that the employer furnishes the PEOSH Inspector with the identity of such representative and with such other information as is necessary to enable him promptly to inform such representative of the inspection. An employer who fails to comply with obligations 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 PEOSH Inspector promptly to inform such representative of the inspection, may be subject to citation pursuant to the provisions of 40 O.S. § 410 (D).

[Source: Added at 16 Ok Reg 3023, eff 7-12-99]