(1)The Compliance Officer shall, if possible, conduct a joint opening conference with the employer or a representative, and a representative of the employees, if any, and shall:
(a)Present credentials as a means of identification;
(b)Explain the purpose, nature and intended scope of the inspection;
(c)Request the records which need to be examined;
(d)Obtain the name of the employer representative, if any, and give that person the opportunity to accompany the Compliance Officer on the inspection;
(e)Obtain the name of the employee representative, if any, and give that person the opportunity to accompany the Compliance Officer on the inspection;
(f)Explain that employee participation may be accomplished through random interviews;
(g)Determine if there are trade secrets to be protected;
(h)Inform the employer that sampling may be done and photographs may be taken;
(i)Explain that past and present efforts will be evaluated to determine good faith penalty adjustments.
(j)Determine what personal protective equipment is required in the place of employment and arrange to have and use such equipment; and
(k)Explain that a closing conference will be held with both the employer or a representative, and a representative of the employees, if any.
(2)Where the Compliance Officer decides it is not practical to hold a joint conference, separate conferences shall be held for the employer or a representative, and a representative of the employees, if any. Notes shall be taken by the Compliance Officer during the separate conferences; these will be available upon request.
(3)Where separate conferences are necessary, the Compliance Officer shall determine if their conduct will delay observation or evaluation of workplace safety or health hazards. In such cases, the conferences shall be brief and, if appropriate, reconvened after the Compliance Officer’s inspection of the place of employment.
(4)Where the holding of an opening conference will prevent timely evaluation of the workplace, it may be abbreviated to a simple introduction and identification of the Compliance Officer. The remainder of the opening conference will be covered as soon as possible.
Rule 437-001-0075 — Opening Conference,