8 AAC 61.020 - Inspections
(a) The right of entry to conduct inspections
will be exercised in accordance with
AS
18.60.083. For the purposes of
AS
18.60.083, "appropriate credentials" means an
employee identification card indicating that the person is an employee of the
department.
(b) Upon refusal to
permit a department representative, in the exercise of official duties, to
enter without delay and at reasonable times, any place of employment, to
inspect, review records, or to question any employer, owner, operator, agent,
or employee in accordance with
AS
18.60.083, or to permit an employee
representative to accompany the department representative during the physical
inspection of any workplace in accordance with
AS
18.60.087, the department representative
shall end the inspection or confine it to other areas where permission to
inspect is granted. The department representative shall try to find out the
reason for being denied permission to inspect, and immediately report those
findings to the director. The director shall consult with the Department of Law
regarding appropriate action, including compulsory process, if necessary. If
compulsory process is relied on to seek entry to a workplace under this
section, an ex parte inspection warrant is the preferred form.
(c) Compulsory process may be sought before
an attempted inspection or investigation if, in the judgment of the director
and the assistant attorney general, circumstances exist which make such
preinspection process desirable or necessary. Some examples of circumstances in
which it may be desirable or necessary to seek compulsory process before an
attempt to inspect or investigate include
(1)
when the employer's past practice either implicitly or explicitly puts the
department on notice that a warrantless inspection will not be
allowed;
(2) when circumstances
exist that would, as determined by the director, require considerable
expenditure of time and money to return to the office for the purpose of
obtaining a warrant; or
(3) when an
inspection includes the use of special equipment or when the presence of an
expert is needed in order to properly conduct the inspection, and procuring a
warrant before attempting to inspect would alleviate the difficulties or costs
encountered in coordinating the availability of that equipment or
expert.
(d) Department
representatives will, in their discretion, take environmental samples and take
or obtain photographs related to the purpose of the inspection, employ other
reasonable investigative techniques, and question privately any employer,
owner, operator, agent or employee of an establishment. As used in this
subsection, the term "employ other reasonable investigative techniques"
includes using devices to measure employee exposures and attaching personal
sampling equipment such as dosimeters, pumps, badges, and other similar devices
to employees in order to monitor their exposures.
(e) At the beginning of the inspection the
department's representative shall explain the nature, purpose, and scope of the
inspection and which employer records required by this chapter the department's
representative intends to review. However, this explanation does not preclude
expansion of the scope of the inspection or access to additional employer
records required by this chapter.
(f) In taking photographs and samples, the
department's representative shall take reasonable precautions to ensure that
actions with flash, spark-producing, or other equipment will not be hazardous.
The department's representative shall comply with all employer safety and
health rules and use appropriate protective clothing and equipment.
(g) At the conclusion of the inspection, the
department's representative shall confer with the employer or employer's
representative and informally discuss any apparent safety or health violations
identified during the inspection. During this conference, the employer may
bring to the attention of the department's representative any pertinent
information regarding conditions of the workplace.
Notes
Authority:AS 18.60.020
AS 18.60.075
AS 18.60.083
AS 18.60.087
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