(a) Subject to the provisions of § 1903.3, inspections shall take place at such times and in such places of employment as the Area Director or the Compliance Safety and Health Officer may direct. At the beginning of an inspection, Compliance Safety and Health Officers shall present their credentials to the owner, operator, or agent in charge at the establishment; explain the nature and purpose of the inspection; and indicate generally the scope of the inspection and the records specified in § 1903.3 which they wish to review. However, such designation of records shall not preclude access to additional records specified in § 1903.3.
(b) Compliance Safety and Health Officers shall have authority to take environmental samples and to take or obtain photographs related to the purpose of the inspection, employ other reasonable investigative techniques, and question privately any employer, owner, operator, agent or employee of an establishment. (See § 1903.9 on trade secrets.) As used herein, the term employ other reasonable investigative techniques includes, but is not limited to, the use of devices to measure employee exposures and the attachment of personal sampling equipment such as dosimeters, pumps, badges and other similar devices to employees in order to monitor their exposures.
(c) In taking photographs and samples, Compliance Safety and Health Officers shall take reasonable precautions to insure that such actions with flash, spark-producing, or other equipment would not be hazardous. Compliance Safety and Health Officers shall comply with all employer safety and health rules and practices at the establishment being inspected, and they shall wear and use appropriate protective clothing and equipment.
(d) The conduct of inspections shall be such as to preclude unreasonable disruption of the operations of the employer's establishment.
(e) At the conclusion of an inspection, the Compliance Safety and Health Officer shall confer with the employer or his representative and informally advise him of any apparent safety or health violations disclosed by the inspection. During such conference, the employer shall be afforded an opportunity to bring to the attention of the Compliance Safety and Health Officer any pertinent information regarding conditions in the workplace.
(f) Inspections shall be conducted in accordance with the requirements of this part.
[36 FR 17850, Sept. 14, 1971, as amended at 47 FR 6533, Feb. 12, 1982; 47 FR 55481, Dec. 10, 1982]
Notes of Decisions
Marshall v. Barlow's, Inc., 436 U.S. 307 (1978).
· cites it 6× “" 29 CFR § 1903.7 (a) (1977). Environmental samples and photographs are authorized, 29 CFR § 1903.”
Woods & Rohde, Inc. v. State, Dep't of Labor, 565 P.2d 138 (Alaska 1977).
· cites it 2× “[50] 29 C.F.R. § 1903.7 (d) provides that the inspections should be conducted so as to "preclude unreasonable disruption of the operations of the employer's establishment.”
Schaefer v. United States, 224 Ct. Cl. 541 (Ct. Cl. 1980).
· cites it 2× “As made clear by 29 C.F.R. § 1903.7 (a) (1976), such conference is mandatory: "(a) Subject to the provisions of § 1903.”
Ingersoll-Rand Co. v. Donovan, 540 F. Supp. 222 (M.D. Penn. 1982).
· cites it 3× “” 29 C.F.R. § 1903.7 (d) (1981). Plaintiff specifically objects to O.”
Serv. Foundry Co., Inc. v. Raymond J. Donovan, Sec'y of Labor, 721 F.2d 492 (5th Cir. 1983).
· cites it 3× “1 Included among the implementing regulations was 29 C.F.R. § 1903.7 , which, in relevant part, says: (b) Compliance Safety and Health Officers shall have authority to take environmental samples and to take or obtain photographs related to the purposes of the inspection, employ…”
Irving v. United States, 942 F. Supp. 1483 (D.N.H. 1996).
· cites it 3× “29 C.F.R. § 1903.7 (a); Irving I, 909 F.2d at 603 .”
Gail Merch. Irving v. United States, 909 F.2d 598 (1st Cir. 1990).
“See 29 C.F.R. § 1903.7 (a) & (b). Were the statute and the formal regulations the only standards guiding the compliance officer’s conduct, the discretionary function exception would apply.”
Sierra Resources, Inc. v. Alexis M. Herman, 213 F.3d 989 (7th Cir. 2000).
“29 C.F.R. § 1903.7 (e) ("At the conclusion of an inspection, the Compliance Safety and Health Officer shall confer with the employer or his representative and informally advise him of any apparent safety or health violations disclosed by the inspection.”
William S. Judy v. U.S. Dep't of Labor, 864 F.2d 83 (8th Cir. 1988).
“§ 658 (a) (1982) (Secretary of Labor or his authorized representative shall issue a citation to employer if upon inspection he believes that employer has violated OSHA rules); 29 C.F.R. § 1903.7 (e) (1987) (inspector shall advise employer of any apparent safety violations…”
— 29 C.F.R. § 1903.7(b) — 2 cases
— 29 C.F.R. § 1903.7(c) — 1 case
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