(A) Authority for inspections.
(1) The superintendent shall conduct inspections and investigations under the following circumstances:
(a) A request to do so from a public employee or public employee representative pursuant to rule 4167-2-02 of the Administrative Code;
(b) A refusal to work notification pursuant to rule 4167-2-01 of the Administrative Code;
(c) A request to do so from a public employer pursuant to division (B)(2) of section 4167.10 of the Revised Code;
(d) Upon the superintendent's own initiative, pursuant to section 4121.37 of the Revised Code.
(2) The superintendent shall conduct all requested or required inspections within a reasonable amount of time following receipt of the request or the notification.
(B) The superintendent shall determine which Ohio risk reduction standards apply in conducting inspections and investigations.
(C) Conduct of inspections.
(1) The superintendent shall inspect and investigate any plant, facility, establishment, construction site, area, workplace, or environment where work is being performed by a public employee of a public employer, and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein.
(2) Inspections shall take place at such times and in such places as the superintendent may direct.
(a) The conduct of inspections shall be such as to preclude unreasonable disruption of the operations of the employer's establishment.
(b) At the beginning of an inspection, compliance officers shall present their credentials to the employer or the employer's agent in charge at the establishment; explain the nature and purpose of the inspection; and indicate the scope of the inspection and the records they wish to review as required under rule 4167-6-08 of the Administrative Code and other documents and records relevant to the inspection or investigation.
(c) Compliance officers designated by the superintendent shall have the authority to:
(i) Take environmental samples, take or obtain photographs related to the purpose of the inspection, and conduct tests and other studies reasonably calculated to serve the purposes of the inspection or investigation.
(a) As used in this rule, "take environmental samples" includes, but is not limited to, the use of devices to measure employee exposures and the attachment of personal sampling equipment such as dosimeters, pumps, badges and other similar devices to employees in order to measure their exposures.
(b) In taking photographs and samples, compliance officers shall take reasonable precautions to insure that such actions with flash, spark-producing, or other equipment would not be hazardous. Compliance officers shall comply with all employer safety and health rules and practices at the establishment being inspected, and they shall wear and use appropriate protective clothing and equipment.
(ii) Provide public employee representatives the opportunity to accompany an inspection and to consult with the compliance officer regarding workplace safety, to interview employees and public employee representatives in private, and to provide employees and public employee representatives participation in a closing conference.
(iii) Administer oaths and require, by subpoena, the attendance and testimony of witnesses and the production of evidence under oath.
(a) Witnesses shall receive the same fees and mileage provided for witnesses in civil cases in the court of common pleas.
(b) In the case of contumacy, failure, or refusal of any person to comply with an order or any subpoena lawfully issued, or upon the refusal of any witness to testify to any matter regarding which he may lawfully be interrogated, a judge of the court of common pleas of any county in this state, on the application of the superintendent, shall issue an order requiring the person to appear and to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question. The court may punish any failure to obey the order of the court as a contempt thereof.
(d) At the conclusion of an inspection, the compliance officer shall confer with the employer or the employer's representative, informally advising of any apparent safety or health violations disclosed by the inspection. During such conference, the employer shall be afforded an opportunity to bring to the attention of the compliance officer any pertinent information regarding conditions in the workplace.
(e) All information obtained by the superintendent in connection with any investigation that is confidential or a trade secret may not be disclosed in violation of rule 4167-10-01 of the Administrative Code.
Replaces: Part of 4167-8-01
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4121.12 , 4121.121 , 4167.02 , 4167.07
Rule Amplifies: 4167.10
Prior Effective Dates: 3/20/95, 11/15/96, 1/17/99, 8/15/01, 2/15/09