§ 23-1.1-8 - Report of violations by employees – Inspection.
SECTION 23-1.1-8
§ 23-1.1-8 Report of violations byemployees – Inspection. – (a) Any employee or representative of employees who believes that a violationof a health code exists that threatens physical harm, or that an imminentdanger exists, may request an inspection by giving notice to the director ofthe violation or danger. Any notice shall be presented in writing, shall setforth with reasonable particularity the grounds for the notice, and shall besigned by the employee or representative of employees. Upon receipt of thenotification, the director shall provide a copy to the employer or theemployer's agent not later than at the time of inspection, except that upon therequest of the person giving the notice, his or her name and the name of theindividual employee referred to in the notice shall not appear in the copy orin any record published, released, or made available. If, upon receipt of thenotification, the director determines there are reasonable grounds to believethat a violation or danger exists, he or she shall make a special inspection inaccordance with the provisions of this section as soon as practicable, todetermine if a violation or danger exists. If the director determines thatthere are not reasonable grounds to believe that a violation or danger exists,he or she shall notify the employee or representative of the employees, inwriting, of that determination.
(b) Prior to or during any inspection of a workplace, anyemployee or representative of employees employed in the workplace may notifythe director, in writing, of any violation of this chapter which the employeeor representative has reason to believe exists in the workplace. The directorof labor and training shall, by regulation, establish procedures for informalreview of any refusal by representatives of the director of health to issue acompliance order with respect to any alleged violation and the director shallfurnish the employee or representative of employees requesting the review awritten statement of the reasons for the director's final disposition of thecase.
(c) A representative of the employer and a representativeauthorized by the employees shall be given the opportunity to accompany thecompliance inspector during a physical inspection of the workplace for thepurpose of aiding the inspection. Where there is no authorized employeerepresentative, the compliance inspector shall consult with a reasonable numberof employees concerning matters of health in the workplace.