C.F.R. » Title 42 » CHAPTER I—PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER G—OCCUPATIONAL SAFETY AND HEALTH RESEARCH AND RELATED ACTIVITIES › PART 85—REQUESTS FOR HEALTH HAZARD EVALUATIONS

42 C.F.R. § 85.6

Advance notice of visits

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(a) Advance notice of visits to the place of employment may be given to expedite a thorough and effective investigation. Advance notice will not be given when, in the judgment of the NIOSH officer, giving such notice would adversely affect the validity and effectiveness of the investigation.

(b) Where a request in accordance with this part has been made by an authorized representative of employees, advance notice in accordance with paragraph (a) of this section will be given by NIOSH to the requester, the representative of the employees for purposes of collective bargaining if such representative is other than the requester, and to the employer.

(c) Where a request in accordance with this part has been made by any employer, advance notice will be given by NIOSH to the employer. Upon the request of the employer, NIOSH will inform the authorized representative of employees of the visit: Provided, The employer furnishes NIOSH in writing with the identity of such representative and with such information as is necessary to enable NIOSH promptly to inform such representative of the visit.

Notes of Decisions
Cited in 1 case, 1981–1981 · leading case: In the Matter of Establishment Inspection of KEOKUK STEEL CASTINGS, Div. of Kast Metals Corp., 638 F.2d 42 (8th Cir. 1981).
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In the Matter of Establishment Inspection of KEOKUK STEEL CASTINGS, Div. of Kast Metals Corp., 638 F.2d 42 (8th Cir. 1981). · cites it 2× “5 Keokuk further contends that an existing NIOSH regulation, 42 C.F.R. § 85.6 (b), is applicable here.”
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