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23-408. Inspection of places and practices of employment; employee initiation of investigation; violation; classification; injunction

A. The director of the division of occupational safety and health, or his authorized representative, upon presentation of credentials, shall be permitted to inspect places of employment, question employees, and investigate conditions, practices or matters in connection with employment subject to this article at reasonable times, as he may deem appropriate to determine whether any person has violated any provision of this article, or any rule or regulation issued thereunder or which may aid in the enforcement of the provisions of this article. No employer or other person shall refuse to admit the director or his authorized representatives to any such place or refuse to permit any such inspection if the proper credentials are presented and the inspection is made at a reasonable time.

B. The director or his authorized representative shall inspect at least every six months any operation which mixes rock, sand, gravel or similar materials with water and cement or with asphalt and which is not included in the definition of mine in section 27-301. The director or his representative shall monitor and work with the mine inspector only to the extent necessary to ensure the state's compliance with federal occupational safety and health act standards, (P.L. 91-596).

C. Notice of an intended inspection shall not be given to an employer prior to the time of actual entry upon the workplace, except by specific authorization by the director.

D. A representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the director or his authorized representative during the physical inspection of any workplace for the purpose of aiding such inspection. Where there is no authorized employee representative, the director or his authorized representative shall consult a reasonable number of employees concerning matters of safety and health in the workplace.

E. Except as provided in section 23-426, information and facts developed by the commission, the director or any employee of the commission or division in the course of any inspection or investigation are public records subject to inspection pursuant to title 39, chapter 1, article 2, if, pursuant to section 23-415, subsection D, the inspection or investigation has been closed or a citation has been issued. Such information and facts shall not be admissible in any court or before any administrative body except pursuant to the provisions of this article. Notwithstanding the provisions of this subsection, the director or any commission employee is not required to appear at any deposition, trial or hearing concerning a division inspection or investigation unless the appearance is related to a hearing held pursuant to this article. Hearings held pursuant to this article are open to the public.

F. An employee or a representative of employees who believes that a violation of a safety or health standard or regulation exists that threatens physical harm or that an imminent danger exists may request an investigation by giving notice to the director or his authorized representative of such violation or danger. Any such notice shall be reduced to writing, shall set forth with reasonable particularity the grounds for the notice and shall be signed by the employees or representative of the employees. Upon the request of the employee giving such notice, his name and the names of other employees referred to therein shall not appear on any copy of such notice or any record published, released or made available. If upon receipt of such notification the director determines that there are reasonable grounds to believe that such violation or danger exists, he shall make an investigation in accordance with the provisions of this article as soon as practicable to determine if such violation or danger exists. If the director determines there are no reasonable grounds to believe that a violation or danger exists, he shall notify the employees or representative of the employees in writing of such a determination.

G. Any person who violates any provision of this section is guilty of a class 2 misdemeanor.

H. The commission, or its authorized representative, in addition to initiating an action under subsection F, may file in the superior court in the county where the inspection was refused a verified complaint against an employer who violates subsection A and request an injunction against continued refusal to permit an inspection.