Florida Regulations 64E-5.904: Presence of Representatives of Licensees or Registrants and Workers During Inspection
Current as of: 2024 | Check for updates
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(1) Each licensee or registrant shall afford to the Department at all reasonable times opportunity to inspect materials, machines, activities, facilities, premises and records pursuant to these regulations.
(2) During an inspection, Department inspectors may consult privately with workers as specified in this part. The licensee or registrant may accompany Department inspectors during other phases of an inspection.
(3) If, at the time of inspection, an individual has been authorized by the workers to represent them during Department inspections, the licensee or registrant shall notify the inspectors of such authorization and shall give the workers’ representative an opportunity to accompany the inspectors during the inspection of physical working conditions.
(4) Each workers’ representative shall be routinely engaged in work under control of the licensee or registrant and shall have received instructions as specified in this part.
(5) Different representatives of licensees or registrants and workers may accompany the inspectors during different phases of an inspection if there is no resulting interference with the conduct of the inspection; however, only one workers’ representative at a time may accompany the inspectors.
(6) With approval of the licensee or registrant or the workers’ representative, an individual who is not routinely engaged in work under control of the licensee or registrant, such as a consultant to the licensee or registrant or to the workers’ representative, shall be afforded the opportunity to accompany Department inspectors during the inspection of physical working conditions.
(7) Notwithstanding the other provisions of this section, Department inspectors are authorized to refuse to permit accompaniment by an individual who deliberately interferes with a fair and orderly inspection. With regard to areas containing information classified by an agency of the U.S. Government in the interest of national security, an individual who accompanies an inspector may have access to such information only if authorized to do so. With regard to any area containing proprietary information, the workers’ representative for that area shall be an individual previously authorized by the licensee or registrant to enter that area.
Rulemaking Authority 404.051, 404.061, 404.071 FS. Law Implemented 404.022, 404.051(1), (4), 404.061(2), 404.071(1) FS. History-New 7-17-85, Formerly 10D-91.1005.
(3) If, at the time of inspection, an individual has been authorized by the workers to represent them during Department inspections, the licensee or registrant shall notify the inspectors of such authorization and shall give the workers’ representative an opportunity to accompany the inspectors during the inspection of physical working conditions.
(4) Each workers’ representative shall be routinely engaged in work under control of the licensee or registrant and shall have received instructions as specified in this part.
(5) Different representatives of licensees or registrants and workers may accompany the inspectors during different phases of an inspection if there is no resulting interference with the conduct of the inspection; however, only one workers’ representative at a time may accompany the inspectors.
(6) With approval of the licensee or registrant or the workers’ representative, an individual who is not routinely engaged in work under control of the licensee or registrant, such as a consultant to the licensee or registrant or to the workers’ representative, shall be afforded the opportunity to accompany Department inspectors during the inspection of physical working conditions.
(7) Notwithstanding the other provisions of this section, Department inspectors are authorized to refuse to permit accompaniment by an individual who deliberately interferes with a fair and orderly inspection. With regard to areas containing information classified by an agency of the U.S. Government in the interest of national security, an individual who accompanies an inspector may have access to such information only if authorized to do so. With regard to any area containing proprietary information, the workers’ representative for that area shall be an individual previously authorized by the licensee or registrant to enter that area.
Rulemaking Authority 404.051, 404.061, 404.071 FS. Law Implemented 404.022, 404.051(1), (4), 404.061(2), 404.071(1) FS. History-New 7-17-85, Formerly 10D-91.1005.