Section R12-1-1005. Licensee, Registrant, and Worker Representation During Agency Inspection

A.      As a condition of licensure or registration, each licensee or registrant shall afford to the Agency, at all reasonable times and without undue delay, an opportunity to inspect materials, machines, activities, facilities, premises, and records.

B.       During an inspection, the licensee or registrant shall permit Agency inspectors to consult privately with workers as speci- fied in Section R12-1-1006. The licensee or registrant may accompany Agency inspectors during other phases of an inspection.

C.      A worker authorized to consult with an Agency inspector under R12-1-1006 may authorize another individual to repre- sent the worker’s interests during the Agency inspection. The licensee or registrant shall notify the inspectors of the worker’s authorization and give the worker’s representative an opportu- nity to accompany the inspectors during the inspection of physical working conditions.

D.      Each worker’s representative shall be routinely engaged in work under control of the licensee or registrant or shall have received instructions under R12-1-1003.

E.       Different representatives of licensees or registrants and work- ers may accompany the inspectors during different phases of an inspection if there is no resulting interference with the inspection. However, only one worker’s representative at a time may accompany the inspectors.

F.       With the approval of the licensee or registrant and the worker’s representative an individual who is not routinely engaged in work under control of the licensee or registrant, for example, a consultant to the licensee or registrant or to the worker’s repre- sentative, shall be afforded the opportunity to accompany Agency inspectors during the inspection of physical working conditions.

G.      Notwithstanding the other provisions of this Section, Agency inspectors are authorized to refuse to permit accompaniment by any individual who deliberately interferes with a fair and orderly inspection. With regard to any area containing propri- etary information the worker’s representative  for that area shall be an individual previously authorized by the licensee or registrant to enter that area. With regard to areas containing information classified by an agency of the U.S. Government in the interest of national security, any individual who accompa- nies an inspector may have access to such information only if authorized by the classifying agency.

Historical Note

Adopted effective June 30, 1977 (Supp. 77-3). Amended

effective February 25, 1985 (Supp. 85-1). Amended by

final rulemaking at 5 A.A.R. 1817, effective May 12,

1999 (Supp. 99-2).