[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1903.4]

[Page 29]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1903_INSPECTIONS, CITATIONS AND PROPOSED PENALTIES--Table of Contents
 
Sec. 1903.4  Objection to inspection.

    (a) Upon a refusal to permit the Compliance Safety and Health 
Officer, in exercise of his official duties, to enter without delay and 
at reasonable times any place of employment or any place therein, to 
inspect, to review records, or to question any employer, owner, 
operator, agent, or employee, in accordance with Sec. 1903.3 or to 
permit a representative of employees to accompany the Compliance Safety 
and Health Officer during the physical inspection of any workplace in 
accordance with Sec. 1903.8, the Safety and Health Officer shall 
terminate the inspection or confine the inspection to other areas, 
conditions, structures, machines, apparatus, devices, equipment, 
materials, records, or interviews concerning which no objection is 
raised. The Compliance Safety and Health Officer shall endeavor to 
ascertain the reason for such refusal, and shall immediately report the 
refusal and the reason therefor to the Area Director. The Area Director 
shall consult with the Regional Solicitor, who shall take appropriate 
action, including compulsory process, if necessary.
    (b) Compulsory process shall be sought in advance of an attempted 
inspection or investigation if, in the judgment of the Area Director and 
the Regional Solicitor, circumstances exist which make such 
preinspection process desirable or necessary. Some examples of 
circumstances in which it may be desirable or necessary to seek 
compulsory process in advance of an attempt to inspect or investigate 
include (but are not limited to):
    (1) When the employer's past practice either implicitly or 
explicitly puts the Secretary on notice that a warrantless inspection 
will not be allowed;
    (2) When an inspection is scheduled far from the local office and 
procuring a warrant prior to leaving to conduct the inspection would 
avoid, in case of refusal of entry, the expenditure of significant time 
and resources to return to the office, obtain a warrant and return to 
the worksite;
    (3) When an inspection includes the use of special equipment or when 
the presence of an expert or experts is needed in order to properly 
conduct the inspection, and procuring a warrant prior to an attempt to 
inspect would alleviate the difficulties or costs encountered in 
coordinating the availability of such equipment or expert.
    (c) With the approval of the Regional Administrator and the Regional 
Solicitor, compulsory process may also be obtained by the Area Director 
or his designee.
    (d) For purposes of this section, the term compulsory process shall 
mean the institution of any appropriate action, including ex parte 
application for an inspection warrant or its equivalent. Ex parte 
inspection warrants shall be the preferred form of compulsory process in 
all circumstances where compulsory process is relied upon to seek entry 
to a workplace under this section.

[45 FR 65923, Oct. 3, 1980]

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