Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-15-6 - Inspections and Investigations6.1. The Commissioner shall perform inspections and investigations at any work place or environment where work is performed by an employee. Each workplace shall be inspected in response to complaints filed, upon employer request and as the commissioner determines that conditions may warrant.6.2. Any employee or representative of employees who believes that there exists a violation of a standard or that there is an imminent danger of physical harm, may request an inspection. (a) A request for inspection shall include: (1) The name of the employee, employees or representative of the employees making the request and shall include the employee=s, employees= or employees representative=s address and telephone number ;(2) With particularity, the grounds for the request, including the standard or standards believed to be violated, if known;(3) The name and address of the employer;(4) The physical location of the alleged violation or violations;(5) The signature of the employee, employees or employee representative;(6) The date of the request; and(7) A statement by the person or persons making the request for inspection that a copy of the request has been provided to the employer and the date that the notice was given. Provided, However that upon the request of the person making the request for inspection, the name or names of the person or persons making the request shall not appear in the copy or on any record published, released or made available pursuant to W. Va. Code '21-3A-8(g).(b) If, upon receipt of the request for inspection, the commissioner determines there are reasonable grounds to believe that a violation of safety and health standards or imminent danger of physical harm exists, the commissioner shall inspect the workplace in accordance with the provisions of the Act as soon as practicable to determine if the violation or danger exists.(c) If, upon receipt of the request for inspection, the commissioner determines that there are no reasonable grounds to believe that a violation of safety and health standards exists, he or she shall notify the employer, the employee or the representative of employees in writing of the determination. The notification does not preclude the Commissioner from instituting future enforcement action if conditions change or if additional facts become available.(d) Any person adversely affected by the actions of the Commissioner upon a request for inspection is entitled to an appeal hearing before the Commission in accordance with the provisions of section nine of this rule.6.3. The Commissioner or his or her designated representative, upon presentation of appropriate credentials, may: (a) Enter at reasonable times, any workplace or work environment where work is performed by employees of an employer. No employer may refuse to allow the Commissioner or designated representative to inspect a place of employment. If an employer attempts to obstruct an inspection, the Commissioner may obtain an inspection warrant from the circuit court of Kanawha County or the circuit court of the county where the employer is located;(b) Inspect all physical facilities, structures, machines, apparatus, devices, equipment, vehicles and materials contained therein and observe practices, in use within the work environment. The Commissioner or his or her designated representative may include a representative of the employer and a representative authorized by the employees in the inspection;(c) Openly inspect all records and reports required by the Act or the provisions of this rule to be kept or filed by the employer;(d) Privately interview or question any person employed by the employer; and(e) Require testimony of witnesses and the production of evidence under oath.6.4. The Commissioner shall prepare a written report for every inspection and investigation conducted under authority of the Act. The report shall contain at a minimum the: (a) The name and identification of the inspector or investigator;(b) The date of the inspection or investigation;(c) The name and address of the employer;(d) The physical location of the inspection or investigation;(e) The names and titles of the employer and employee representatives who participated in the inspection or investigation; and(f) Attached copies of all citations issued as a result of the inspection or investigation.6.5. All reports of inspection and investigation are confidential until such time as all matters at issue contained in the report are resolved.