Current through Register Vol. 48, No. 10, October 25, 2024
Section 71-504 - Advance Notice of InspectionsA. No advance notice shall be given with regard to inspections except as shall be authorized by the Commissioner.(1) Advance notice may be given in the case of apparent imminent danger to enable the employer to abate the danger as quickly as possible;(2) Where the inspection will be conducted after regular business hours or in circumstances where special preparations are necessary for an inspection;(3) Where reasonable necessary to assure the presence of representatives of the employer and employees or the appropriate personnel needed to aid in the inspection; and(4) In other circumstances where the Commissioner in consultation with the Safety Specialist, determines that the giving of advance notice would enhance the probability of an effective and thorough inspection. Except in unusual circumstances, no notice of inspection shall be given more than 24 hours before an inspection is scheduled to take place.B. Any employee of the Department of Labor or other agency operating under contract with the Department of Labor in the implementation of the State Plan who gives unauthorized advance notice of an inspection will be disciplined by the administrative head of the agency after a hearing before the Commissioner of Labor. Such discipline may be as severe as discharge of duty.