(4) An employer failing to comply with the provisions of this rule shall be subject to
citation and penalty pursuant to section 35 of the act.
(5) Reproductions or facsimiles of the state poster shall constitute compliance
with the posting requirements of this rule where the reproductions or facsimiles are
at least 8-1/2 inches by 14 inches and the printing size is at least 10 point. The caption or
heading on the poster shall be in large type, not less than 36 point.
History: 1979 AC.
R 408.22321 Authority for inspection or investigation.
Rule 1321. (1) The department representatives, upon presenting appropriate
credentials, may enter, without delay and at reasonable times, any factory, plant,
establishment, construction site, or other area, workplace, or environment where work
is performed by an employee of an employer to inspect and investigate, during regular
working hours and at other reasonable times and within reasonable limits and in a
reasonable manner, any such place of employment, and all pertinent conditions,
structures, machines, apparatus, devices, equipment, and materials therein; to
question privately any employer, owner, operator, agent, or employee; and to review
records required by the act and rules promulgated pursuant to the act, and other records
which are directly related to the purpose of the inspection or investigation.
(2) Prior to inspecting areas containing information which is classified by an agency
of the federal government in the interest of national security, departmental
representatives shall obtain the appropriate security clearance.
History: 1979 AC.
R 408.22322 Objection to inspection or investigation.
Rule 1322. (1) Upon a 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 or any place therein to inspect, to investigate, to review records, or to
question any employer, owner, operator, agent, or employee pursuant to R 408.22321,
or to permit a representative of employees to accompany the department
representative during the physical inspection or investigation of any workplace pursuant
to R 408.22326, the department representative shall terminate the inspection or
investigation or confine the inspection or investigation to other areas, conditions,
structures, machines, apparatus, devices, equipment, materials, records, or interviews
concerning which no objection is raised.
(2) The department representative shall endeavor to ascertain the reason for such
refusal, and he shall immediately report the refusal, and the reason therefor, to the
department director or authorized representative.
The department director or authorized representative shall take appropriate
action and, if necessary, apply to the proper judicial officer for a warrant commanding the
sheriff or a peace officer to aid the department in the conduct of an inspection or
investigation as provided in section 29 of the act.