§ 28-20-12 - Inspection powers.
SECTION 28-20-12
§ 28-20-12 Inspection powers. – (a) The director, upon presenting appropriate credentials to the owner,operator, representative, or agent in charge, is authorized:
(1) To enter without delay and at reasonable times anyfactory, plant, establishment, construction site or other area, workplace, orenvironment where work is performed by an employee of an employer; and
(2) To inspect and investigate during regular working hoursand at other reasonable times, and within reasonable limits and in a reasonablemanner, any place of employment and all pertinent conditions, structures,machines, apparatus, devices, equipment, and materials in the place ofemployment, and to privately question any employer, owner, operator, agent, oremployee.
(b) If the director is denied entry to any place which he orshe has reason to believe has been, is being, or is about to be used as a placeof employment, he or she shall make application under oath setting forth thereasons for his or her belief that the place has been, is being, or is about tobe used as a place of employment, and the facts concerning his or her denial,to any justice of the superior court. That court shall issue an order ex parte,if it finds that the belief is reasonable, allowing the director to make anyentry that is reasonably necessary to conduct the inspection.
(c) In making inspections and investigations under thischapter, the director may require the attendance and testimony of witnesses andthe production of evidence under oath. Witnesses shall be paid the same feesand mileage that are paid to witnesses in the courts of the state. In case ofcontumacy, failure, or refusal of any person to obey an order, the superiorcourt shall have the jurisdiction to issue to the person an order requiring theperson to appear to produce evidence if, as, and when so ordered, and to givetestimony relating to the matter under investigation or in question, and anyfailure to obey that order of the court may be punished by the court as acontempt of court.