29 C.F.R. § 1926.3

Inspections—right of entry

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(a) It shall be a condition of each contract which is subject to section 107 of the Contract Work Hours and Safety Standards Act that the Secretary of Labor or any authorized representative shall have a right of entry to any site of contract performance for the following purposes:

(1) To inspect or investigate the matter of compliance with the safety and health standards contained in subpart C of this part and following subparts; and

(2) To carry out the duties of the Secretary under section 107(b) of the Act.

(b) For the purpose of carrying out his investigative duties under the Act, the Secretary of Labor may, by agreement, use with or without reimbursement the services, personnel, and facilities of any State or Federal agency. Any agreements with States under this section shall be similar to those provided for under the Walsh-Healey Public Contracts Act under 41 CFR part 50-205.

Notes of Decisions
Lloyd Littlefield v. United States of Am., Defendant-Third-Party v. Frontier-Kemper Constructors, Inc., Third-Party-Defendant-Appellee, 927 F.2d 1099 (3rd Cir. 1991). “The contract also included the rights and obligations of 29 C.F.R. § 1926.3 , which gives the Secretary of Labor or any authorized representative the right of entry to any site of contract performance to inspect contract performance.”
Star Operations, Inc. & Great Am. Ins. Co. of New York v. Dig Tech, Inc. (Tex. App. 2015). “Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to Inspect or Investigate the matter of compliance with the construction safety and…”
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