Section R20-5-611. Objection to Inspection

A.      Upon a refusal to permit a Compliance Safety and Health Offi- cer, in the 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 privately question any employer, owner, operator, agent, or employee, in accor- dance with rule R20-5-610, 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 rule R20-5-615, the Compliance Safety and Health Officer shall terminate the inspection or confine the inspection to other areas, conditions, structures, machines, apparatus, devices, equipment, materials, records, or inter- views concerning which no objection is raised. The Compli- ance Safety and Health Officer shall endeavor to ascertain the reason for such refusal and shall immediately report the refusal

and the reason therefore to the Director of the Division. The Director shall immediately consult with the Industrial Com- mission and its legal counsel, who shall promptly take appro- priate action, including compulsory process if necessary.

B.       Compulsory process may be sought in advance of an inspec- tion or reinvestigation if, in the judgment of the Director of the Division and the Industrial Commission Chief Legal Counsel, circumstances exist including but not limited to specific evi- dence of an existing violation or reasonable legislative or administrative standards for conducting an inspection which make pre-inspection process desirable or necessary.

C.      With the approval of the Industrial Commission, and the Industrial Commission Chief Legal Counsel, compulsory pro- cess may also be obtained by the Director of the Division 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.

Historical Note

Adopted effective June 19, 1975 (Supp. 75-1). Repealed as an emergency effective November 16, 1977, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 77-6). Adopted as an emergency effective October 29, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 80-5). Former Section R4-13-611 repealed, former Section R4-13-610 adopted as an emergency effective October 29, 1980, renumbered and amended as Section R4-13-611 effective March 2, 1981 (Supp. 81-2). R20-5-

611 recodified from R4-13-611 (Supp. 95-1).