Mich. Admin. Code R. 333.5096 - Presence of representatives of registrants and workers during inspection

Rule 96.

(1) A registrant or an applicant for a registration shall allow the department at all reasonable times, the opportunity to inspect machines, activities, facilities, premises, and records under these rules.

(2) During an inspection, the registrant shall allow department inspectors to consult privately with workers as specified in R 333.5097. The registrant may accompany department inspectors at times other than the private consultation with workers.

(3) If the workers have authorized an individual to represent them during department inspections, the registrant shall notify the inspectors of the authorization and shall permit the workers' representative to accompany the inspectors during the inspection of physical working conditions.

(4) A workers representative shall be routinely engaged in work under control of the registrant and shall have received instructions as specified in R 333.5093.

(5) If there is no resulting interference with the conduct of the inspection, different representatives of registrants and workers may accompany the inspectors during different phases of an inspection. However, only 1 workers' representative at a time may accompany the inspectors.

(6) With the approval of the registrant and the workers' representative, an individual who is not routinely engaged in work under control of the registrant, for example, a consultant to the registrant or to the workers' representative, may accompany department inspectors during the inspection of physical working conditions.

(7) Department inspectors may refuse to permit accompaniment by an individual who deliberately interferes with a fair and orderly inspection.

(8) Unless previously authorized by the registrant, a workers representative shall not have access to an area containing proprietary information.

Notes

Mich. Admin. Code R. 333.5096

2016 MR 10, Eff. 5/25/2016