Haw. Code R. § 11-45-192

Current through November, 2024
Section 11-45-192 - Presence of representatives of licensees and workers during inspection
(a) Each licensee shall afford to the department at all reasonable times opportunity to inspect materials, machines, activities, facilities, premises, and records pursuant to this chapter.
(b) During an inspection, department inspectors may consult privately with workers as specified in section 11-45-193. The licensee may accompany department inspectors during other phases of an inspection.
(c) If, at the time of inspection, an individual has been authorized by the workers to represent them during department inspections, the licensee shall notify the inspectors of such authorization and shall give the workers' representative an opportunity to accompany the inspectors during the inspection of physical working conditions.
(d) Each workers' representative shall be routinely engaged in work under control of the licensee and shall have received instructions as specified in section 11-45-190.
(e) Different representatives of licensees and workers may accompany the inspectors during different phases of an inspection if there is no resulting interference with the conduct of the inspection. However, only one workers' representative at a time may accompany the inspectors.
(f) With the approval of the licensee and the workers' representative, an individual who is not routinely engaged in work under control of the licensee, for example, a consultant to the licensee or to the workers' representative, shall be afforded the opportunity to accompany department inspectors during the inspection of physical working conditions.
(g) Notwithstanding the other provisions of this section, department inspectors are authorized to refuse to permit accompaniment by any individual who deliberately interferes with a fair and orderly inspection. With regard to any area containing proprietary information, the workers' representative for that area shall be an individual previously authorized by the licensee to enter that area.

Haw. Code R. § 11-45-192

[Eff 11/12/99] (Auth: HRS §§ 321-10, 321-11, 321-71) (Imp: HRS §§ 321-1, 321-11(21), 321-71)