[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: 29CFR1903.6]

[Page 30]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1903_INSPECTIONS, CITATIONS AND PROPOSED PENALTIES--Table of Contents
 
Sec. 1903.6  Advance notice of inspections.

    (a) Advance notice of inspections may not be given, except in the 
following situations:
    (1) In cases of apparent imminent danger, to enable the employer to 
abate the danger as quickly as possible;
    (2) In circumstances where the inspection can most effectively be 
conducted after regular business hours or where special preparations are 
necessary for an inspection;
    (3) Where 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 Area Director determines that 
the giving of advance notice would enhance the probability of an 
effective and thorough inspection.
    (b) In the situations described in paragraph (a) of this section, 
advance notice of inspections may be given only if authorized by the 
Area Director, except that in cases of apparent imminent danger, advance 
notice may be given by the Compliance Safety and Health Officer without 
such authorization if the Area Director is not immediately available. 
When advance notice is given, it shall be the employer's responsibility 
promptly to notify the authorized representative of employees of the 
inspection, if the identity of such representative is known to the 
employer. (See Sec. 1903.8(b) as to situations where there is no 
authorized representative of employees.) Upon the request of the 
employer, the Compliance Safety and Health Officer will inform the 
authorized representative of employees of the inspection, provided that 
the employer furnishes the Compliance Safety and Health Officer with the 
identity of such representative and with such other information as is 
necessary to enable him promptly to inform such representative of the 
inspection. An employer who fails to comply with his obligation under 
this paragraph promptly to inform the authorized representative of 
employees of the inspection or to furnish such information as is 
necessary to enable the Compliance Safety and Health Officer promptly to 
inform such representative of the inspection, may be subject to citation 
and penalty under section 17(c) of the Act. Advance notice in any of the 
situations described in paragraph (a) of this section shall not be given 
more than 24 hours before the inspection is scheduled to be conducted, 
except in apparent imminent danger situations and in other unusual 
circumstances.
    (c) The Act provides in section 17(f) that any person who gives 
advance notice of any inspection to be conducted under the Act, without 
authority from the Secretary or his designees, shall, upon conviction, 
be punished by fine of not more than $1,000 or by imprisonment for not 
more than 6 months, or by both.