§ 206. Inspections and investigations
(a) The Commissioner or the Director, or their agents, may enter upon a premises, upon
presenting appropriate credentials to the occupant, at reasonable times, for the purpose
of inspecting the premises within reasonable limits and in a reasonable manner, to
determine whether the provisions of the VOSHA Code and this chapter and the rules
adopted pursuant to the VOSHA Code and this chapter are being observed. If entry is
refused, the Commissioner or the Director may apply to a Superior Court judge for
an order to enforce the rights given to the Commissioner and the Director and their
agents under this section.
(b) In making inspections and investigations, the Commissioner or the Director may require
the attendance and testimony of witnesses and the production of evidence under oath.
Witnesses shall be paid the same fees and mileage as are paid witnesses in Superior
Court in criminal cases. In case of a contumacy, failure, or refusal of any person
to obey such an order, any Superior Court within the jurisdiction of which the person
is found resides, or transacts business, upon the application by the Commissioner,
shall have jurisdiction to issue to the person an order requiring the person to appear
to produce evidence if, as, and when so ordered, and to give testimony relating to
the matter under investigation or in question. Any failure to obey such order of the
court may be punished by the court as a contempt of court.
(c) No person shall give advance notice of any inspection under the VOSHA Code, without
prior authority of the Commissioner or the Director, which shall be in writing.
(d) Under the VOSHA Code, the Secretary of Human Services and the Commissioner shall adopt
rules regarding inspections and investigations to conform with the provisions and
requirements of the Act.
(e) Subject to rules adopted by the Commissioner or Secretary, a representative of the
employer and a representative authorized by the employer’s employees shall be given
an opportunity to accompany the Commissioner or Secretary or the Commissioner or Secretary’s
authorized agent during the physical inspection of any workplace under subsection
(a) of this section for the purpose of aiding such inspection. Where there is no authorized
employee representative, the Commissioner or Secretary or the Commissioner or Secretary’s
authorized agent shall consult with a reasonable number of employees concerning matters
of safety and health in the workplace.
(f) Any employees or representative of employees who believes that a violation of a safety
or health standard exists that threatens physical harm, or that an imminent danger
exists, may request an inspection by giving notice to the Commissioner or Secretary
or the Commissioner or Secretary’s authorized agent of the violation or danger. The
notice shall be reduced to writing, shall set forth with reasonable particularity
the grounds for the notice, and shall be signed by the employees or representative
of employees. A copy of the notice shall be provided the employer or the employer’s
agent not later than at the time of inspection, except that, upon the request of the
person giving the notice, the person’s name and the names of individual employees
referred to in the notice shall not appear in the copy or on any record published,
released, or made available by the Commissioner or Secretary. If upon receipt of the
notification the Commissioner or Secretary determines there are reasonable grounds
to believe that a violation or danger exists, the Commissioner or Secretary shall
make a special inspection in accordance with the provisions of this section as soon
as practicable to determine if a violation or danger exists. If the Commissioner or
Secretary determines there are no reasonable grounds to believe that a violation or
danger exists, the Commissioner or Secretary shall notify the employees or representative
of the employees in writing of the determination.
(g) Prior to or during any inspection of a workplace, any employees or representative
of employees employed in the workplace may notify the Commissioner or Secretary or
any agent of the Commissioner or Secretary responsible for conducting the inspection,
in writing, of any violation of this Code that they have reason to believe exists
in the workplace. The Commissioner shall, by rule, establish procedures for informal
review of any refusal by a representative of the Commissioner to issue a citation
with respect to any such alleged violation and shall furnish the employees or representative
of employees requesting the review with a written statement of the reasons for the
Commissioner’s final disposition of the case. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 214 (Adj. Sess.), § 9; 2023, No. 85 (Adj. Sess.), § 65, eff. July 1, 2024.)