SECTION 380:40-1-11. Conduct of inspections

(a)   Inspections shall take place at such times and in such places of employment as the Director or the PEOSH Inspector may direct. At the beginning of an inspection, PEOSH Inspectors shall present their credentials to the owner, operator, or agent in charge at the establishment; explain the nature and purpose of the inspection; and indicate generally the scope of the inspection and the records they wish to review. However, such designation of records shall not preclude access to additional records as necessary.

(b)   PEOSH Inspectors shall have authority to take environmental samples and to take or obtain photographs related to the purpose of the inspection, employ other reasonable investigative techniques, and question privately any employer, operator, agent or employee of an establishment. As used herein, 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 personal sampling equipment such as dosimeters, pumps, badges and other similar devises to employees in order to monitor their exposures.

(c)   In taking photographs and samples, PEOSH Inspectors shall take reasonable precautions to insure that such actions with flash, spark-producing, or other equipment would not be hazardous. PEOSH Inspectors shall comply with all employer safety and health rules and practices at the establishment being inspected, and they shall wear and use appropriate protective clothing and equipment.

(d)   The conduct of inspections shall be such as to preclude unreasonable disruption of the operations of the employer's establishment.

(e)   At the conclusion of an inspection, the PEOSH Inspectors shall confer with the employer or representative and informally notify them of any apparent 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 PEOSH Inspector any pertinent information regarding conditions in the workplace.

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