[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: 29CFR1903.8]

[Page 31]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
PART 1903_INSPECTIONS, CITATIONS AND PROPOSED PENALTIES--Table of Contents
 
Sec. 1903.8  Representatives of employers and employees.

    (a) Compliance Safety and Health Officers shall be in charge of 
inspections and questioning of persons. A representative of the employer 
and a representative authorized by his employees shall be given an 
opportunity to accompany the Compliance Safety and Health Officer during 
the physical inspection of any workplace for the purpose of aiding such 
inspection. A Compliance Safety and Health Officer may permit additional 
employer representatives and additional representatives authorized by 
employees to accompany him where he determines that such additional 
representatives will further aid the inspection. A different employer 
and employee representative may accompany the Compliance Safety and 
Health Officer during each different phase of an inspection if this will 
not interfere with the conduct of the inspection.
    (b) Compliance Safety and Health Officers shall have authority to 
resolve all disputes as to who is the representative authorized by the 
employer and employees for the purpose of this section. If there is no 
authorized representative of employees, or if the Compliance Safety and 
Health Officer is unable to determine with reasonable certainty who is 
such representative, he shall consult with a reasonable number of 
employees concerning matters of safety and health in the workplace.
    (c) The representative(s) authorized by employees shall be an 
employee(s) of the employer. However, if in the judgment of the 
Compliance Safety and Health Officer, good cause has been shown why 
accompaniment by a third party who is not an employee of the employer 
(such as an industrial hygienist or a safety engineer) is reasonably 
necessary to the conduct of an effective and thorough physical 
inspection of the workplace, such third party may accompany the 
Compliance Safety and Health Officer during the inspection.
    (d) Compliance Safety and Health Officers are authorized to deny the 
right of accompaniment under this section to any person whose conduct 
interferes with a fair and orderly inspection. The right of 
accompaniment in areas containing trade secrets shall be subject to the 
provisions of Sec. 1903.9(d). With regard to information classified by 
an agency of the U.S. Government in the interest of national security, 
only persons authorized to have access to such information may accompany 
a Compliance Safety and Health Officer in areas containing such 
information.