Title 8 . Labor and Workforce Development

Chapter 61 . Boiler and Pressure Vessel Construction Code

Section 20. Inspections

8 AAC 61.020. Inspections

(a) The right of entry to conduct inspections will be exercised in accordance with AS 18.60.083 . For the purposes of AS 18.60.083 , "appropriate credentials" means an employee identification card indicating that the person is an employee of the department.

(b) Upon refusal to permit a department representative, in the exercise of his official duties, to enter without delay and at reasonable times, any place of employment, to inspect, review records, or to question any employer, owner, operator, agent, or employee in accordance with AS 18.60.083 , or to permit an employee representative to accompany the department representative during the physical inspection of any workplace in accordance with AS 18.60.087 , the department representative shall end the inspection or confine it to other areas where permission to inspect is granted. The department representative shall try to find out the reason for being denied permission to inspect, and immediately report his findings to the director. The director then shall consult with the appropriate assistant attorney general who shall take appropriate action, including compulsory process, if necessary. Where compulsory process is relied on to seek entry to a workplace under this section an ex parte inspection warrant is the preferred form.

(c) Compulsory process may be sought before an attempted inspection or investigation if, in the judgment of the director and the assistant attorney general, circumstances exist which make such preinspection process desirable or necessary. Some examples of circumstances in which it may be desirable or necessary to seek compulsory process before an attempt to inspect or investigate include, but are not limited to

(1) when the employer's past practice either implicitly or explicitly puts the commissioner on notice that a warrantless inspection will not be allowed;

(2) when circumstances exist which would, as determined by the commissioner or his designee, require considerable expenditure of time and money to return to the office for the purpose of obtaining a warrant; or

(3) when an inspection includes the use of special equipment or when the presence of an expert or experts is needed in order to properly conduct the inspection, and procuring a warrant before attempting to inspect would alleviate the difficulties or costs encountered in coordinating the availability of that equipment or expert.

(d) Department representatives will, in their discretion, take environmental samples and 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. As used in this subsection, the term "employ other reasonable investigative techniques" includes using devices to measure employee exposures and attaching personal sampling equipment such as dosimeters, pumps, badges, and other similar devices to employees in order to monitor their exposures.

(e) At the beginning of the inspection the department's representative shall explain the nature, purpose, and scope of the inspection and which employer records required by this chapter he intends to review. However, this explanation does not preclude expansion of the scope of the inspection or access to additional employer records required by this chapter.

(f) In taking photographs and samples, the department's representative shall take reasonable precautions to ensure that his actions with flash, spark-producing, or other equipment will not be hazardous. The department's representative shall comply with all employer safety and health rules and use appropriate protective clothing and equipment.

(g) At the conclusion of the inspection, the department's representative shall confer with the employer or his representative and informally advise him of any apparent safety or health violations disclosed by the inspection. During this conference, the employer may bring to the attention of the department's representative any pertinent information regarding conditions of the workplace.

History: Eff. 1/10/75, Register 53; am 11/25/75, Register 56; am 3/31/82, Register 81; am 10/2/83, Register 87

Authority: AS 18.60.020

AS 18.60.075

AS 44.62.130