Tenn. Comp. R. & Regs. 0800-01-04-.08 - CONDUCT OF INSPECTIONS

(1) Subject to the provisions of Rule 0800-01-04-.04, inspections shall take place at such times and in such places of employment as the Commissioner or the compliance officer may direct. At the beginning of an inspection, compliance officers shall present their credentials to the owner, operator or agent in charge at the establishment; explain the nature and purpose of the inspection; and indicate generally the scope of the inspection and the records specified in Rule 0800-01-04-.04 which they wish to review. However, such designation of records shall not preclude access to additional records specified in Rule 0800-01-04-.04.

(2) Compliance officers shall have authority to take environmental samples and to take or obtain photographs related to the purposes of the inspection, employ other reasonable investigative techniques, and question privately any employer, owner, operator or agent or employee of an establishment. (See Rule 0800-01-04-.10 on trade secrets.) As used herein, the term "employ other reasonable investigative techniques' includes, but is not limited to, the use of devices to measure employee exposures and the attachment of personal sampling equipment such as dosimeters, pumps, badges, and other similar devices to employees in order to monitor their exposures.

(3) In taking photographs and samples, compliance officers shall take reasonable precautions to insure that such actions with flash, spark-producing, or other equipment would not be hazardous. Compliance officers shall comply with all employer safety and health rules and practices at the establishment being inspected, and they shall wear and use appropriate protective clothing and equipment.

(4) The conduct of inspections shall be such as to preclude unreasonable disruption of the operations of the employer's establishment.

(5) At the conclusion of an inspection, the compliance officer shall confer with the employer or his representative and informally advise him of any apparent or health violations disclosed by the inspection. During such conference, the employer shall be afforded an opportunity to bring to the attention of the compliance officer any pertinent information regarding conditions in the workplace.

(6) Inspections shall be conducted in accordance with the requirements of this chapter.

Notes

Tenn. Comp. R. & Regs. 0800-01-04-.08

Original rule filed June 10, 1974. Amendment filed March 31, 1983; effective June 15, 1983. Amendment filed January 22, 1986; effective April 15, 1986. Amendment filed November 24, 1989; effective March 30, 1999. Repeal and rule filed September 7, 2004; effective January 28, 2005.

Authority: T.C.A. §§ 4-3-1411 and 50-3-301.