Current through Vol. 24-21, December 1, 2024
Section R. 408.22325 - Conduct of inspections or investigationsRule 1325.
(1) Subject to the provisions of R 408.22321, inspections and investigations shall take place at such times and in such places of employment as the department director or his designee may direct. At the beginning of an inspection or investigation, the department representatives shall present their credentials to the owner, operator, or an agent in charge at the establishment; explain the nature and purpose of the inspection or investigation; and indicate generally the scope of the inspection or investigation and the records specified in R 408.22321 which they wish to review. However, such designation of records shall not preclude access to additional records specified in R 408.22321.(2) Department representatives may take air, environmental, and material samples; take or obtain photographs related to the purpose of the inspection or investigation; employ other reasonable investigative techniques; and question privately any employer, owner, operator, agent, or employee of an establishment (See R 408.22331 on trade secrets).(3) In taking photographs and samples, the department representatives shall take reasonable precautions to insure that such actions with flash, spark-producing, or other equipment are not hazardous. Department representatives 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.(4) The conduct of inspections or investigations shall be such as to preclude unreasonable disruption of the operations of the employer's establishment.(5) Following the completion of an inspection or investigation by the department representative, an opportunity for a conference shall be afforded the employer or his representative and the employee or employee representative to informally advise them of any apparent safety or health violations disclosed by the inspection or investigation. During such conference, the employer or employee shall be afforded an opportunity to bring to the attention of the department representative any information regarding conditions in the workplace pertinent to the apparent safety or health violations.(6) Inspections or investigations shall be conducted pursuant to the requirements of this part.Mich. Admin. Code R. 408.22325