Section R20-5-613. 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 effec- tively be conducted after regular business hours or where special preparations are necessary for an inspection;

3.        Where necessary to ensure the presence of representa- tives of the employer and employees or the appropriate personnel needed to aid in an inspection; and

4.        In other circumstances where the Division Director deter- mines that the giving of advance notice would enhance the probability of an effective and thorough inspection.

B.       In the situations described in subsection (A) of this Section, advance notice of inspections may be given only if authorized by the Division Director. 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 rule R20-5-615(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 Compli- ance Safety and Health Officer with the identity of such repre- sentative 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 obliga- tion under this subsection promptly to inform the authorized representative of the employees of the inspection or to furnish such information as is necessary to enable the Compliance Safety and Health Officer to promptly inform such representa- tive of the inspection may be subject to citation and penalty under A.R.S. § 23-408 of the Act. Advance notice in any of the situations described in subsection (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 situa- tions and other unusual circumstances.

Historical Note

Adopted effective July 28, 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 Repealed as an emergency effective November 16, 1977, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 77-6).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 R4-13-613 repealed, former Sec- tion R4-13-612 adopted as an emergency effective Octo- ber 29, 1980, renumbered and adopted as Section R4-13- 613 effective March 2, 1981 (Supp. 81-2). R20-5-613 recodified from R4-13-613 (Supp. 95-1).