2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART I - Labor Provisions Generally (§§ 1 — 510k) › Chapter 16 - Occupational Safety and Health (§§ 361 — 362) › § 361p - Inspections, investigations and keeping of records

(a) In order to carry out the purposes of §§ 361—361aa of this title, the Secretary or his authorized representative, upon presenting appropriate credentials to the employer, owner, operator or agent in charge, is hereby authorized:
(1) To enter without delay and at any time to any place of employment, and
(2) to inspect and investigate during regular working hours and at any other time 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, and to question privately any such employer, owner, operator, agent or employee.
(b) Subject to the regulations issued by the Secretary dealing with the inspection of places of employment, a representative of the employer and a representative authorized by his employees shall be given an opportunity to accompany the Secretary or his authorized representative during the physical inspection of any place of employment under subsection (a) for the purpose of aiding in such inspection. If the authorized representative of the employees is an employee and the inspection is carried on during regular working hours, the employer shall pay to such employee his regular wage rate. Where there is no authorized employee representative, the Secretary or his authorized representative shall consult a reasonable number of employees concerning matters of health and safety in the place of employment.
(c)
(1) Any employees or representatives of employees who believe that a violation of an occupational safety and health standard exists that threatens physical harm, or that an imminent danger exists as contemplated in § 361v of this title, may request an inspection by giving notice to the Secretary or his authorized representative of such violation or danger.
Any such notice shall be made in writing, shall set forth the grounds for the notice with reasonable specificity and shall be signed by the employees or their representative, and a copy thereof shall be furnished to the employer or his agent no later than at the time of inspection, except that, upon request of the person giving such notice, his name and the names of the individual employees referred to therein, shall not appear on said copy or on any record published, released, or made available pursuant to subsection (g) of this section. If, upon receipt of such notice, the Secretary determines there are reasonable grounds to believe that such violation or danger exists, he shall make a special inspection in accordance with the provisions of this section as soon as possible to determine whether such violation or danger exists. If the Secretary determines there are no reasonable grounds to believe that a violation or danger exists, he shall notify the employees or their representative of such determination in writing.
(2) Prior to or during any inspection of a place of employment, any employees or employee representative working in such place of employment may notify in writing the Secretary or any representative of the Secretary responsible for conducting the inspection, of any violation of §§ 361—361aa of this title which they have reason to believe exists in such place of employment. The Secretary shall, by regulation, establish procedures for informal review of any refusal by a representative of the Secretary to issue a citation with respect to any such alleged violation and shall furnish the employees or employee representative requesting such review, a written statement of the reasons for the final disposition of the case.
(d)
(1) Each employer shall make, keep, and preserve, and place at the disposal of the Secretary such records regarding his activities relating to §§ 361—361aa of this title as the Secretary may prescribe by regulation as necessary or proper for the enforcement of §§ 361—361aa of this title or for developing information regarding the causes and prevention of occupational accidents and diseases. In order to carry out the provisions of this subsection, such regulations may include provisions requiring employers to conduct periodic inspections. The Secretary shall also issue regulations requiring that employers, through posting of notices or other appropriate means, keep their employees informed of their protections and obligations under §§ 361—361aa of this title, including the provisions of applicable standards, rules and regulations.
(2) The Secretary shall prescribe regulations requiring employers to keep accurate records of, and to make periodic reports on, work-related deaths, injuries and diseases, aside from minor injuries requiring only first-aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.
(3) The Secretary shall issue regulations requiring employers to keep accurate records of employee exposure to potentially toxic materials or harmful physical agents which are required to be monitored or measured under § 361i of this title.
Such regulations shall provide employees or their representatives with an opportunity to observe such monitoring or measuring and to have access to the records thereof. Such regulations shall also make appropriate provision for each employee or former employee to have access to such records as will indicate his own exposure to toxic materials or harmful physical agents. Each employer shall promptly notify any employee who has been or is exposed to toxic matters or harmful physical agents in concentrations or at levels which exceed those prescribed by an applicable occupational safety and health standard promulgated under §§ 361—361aa of this title, and shall inform any employee thus exposed of the corrective action being taken.
(e) Any information obtained by the Secretary under §§ 361—366aa of this title shall be obtained with a minimum burden upon employers, especially those operating small businesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent possible.
(f) The Secretary may require any information and data he deems necessary to carry out the purposes of §§ 361—361aa of this title from any other department, agency, instrumentality, or dependency of the state or municipal government of the Commonwealth of Puerto Rico.
(g) The Secretary is hereby authorized to compile, analyze and publish either in summary or detailed form, all reports or other information obtained under this section.
History —Aug. 5, 1975, No. 16, p. 605, § 17; June 24, 1977, No. 116, p. 295, § 5.