Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 60 - ADMINISTRATIVE REGULATION FOR THE VIRGINIA OCCUPATIONAL SAFETY AND HEALTH PROGRAM › Part V - Inspections › Section 16VAC25-60-240 - Walkthrough

Current through Register Vol. 40, No. 24, July 15, 2024
Walkthrough by the commissioner for the inspection of any
					 workplace includes the following privileges.
1. The commissioner shall be in charge of the
				  inspection and, as part of an inspection, may question privately any employer,
				  owner, operator, agent, or employee. The commissioner shall conduct the
				  interviews of persons during the inspection or at other convenient times. The
				  commissioner may take and preserve testimony, examine witnesses, and administer
				  oaths as provided for in
				  16VAC25-60-245.
2. As part of an inspection, the commissioner
				  may take or obtain photographs, video recordings, audio recordings and samples
				  of materials, and employ other reasonable investigative techniques as deemed
				  appropriate. As used here, the term "employ other reasonable investigative
				  techniques" 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 devices to employees in order to monitor
				  their exposures.
3. Any employee
				  representative selected to accompany the commissioner during the inspection of
				  the workplace shall be an employee of the employer. Additional employer
				  representatives and employee representatives may be permitted by the
				  commissioner to accompany the inspection team where the commissioner determines
				  such additional persons will aid in the inspection. A different employer
				  representative or employee representative may accompany the commissioner during
				  each phase of the inspection if, in the determination of the commissioner, this
				  will aid in the conduct of the inspection.
4. The commissioner may limit the number of
				  representatives when the inspection group would be of such size as to interfere
				  with the inspection or create possible safety hazards, or when the
				  representative does not represent an employer or employee present in the
				  particular area under inspection.
5. In such cases as stated in subdivision 4
				  of this section, the commissioner must give each walkthrough representative the
				  opportunity to advise of possible safety or health hazards and then proceed
				  with the inspection without walkthrough representatives. Whenever the
				  commissioner has limited the number of employee walkthrough representatives, a
				  reasonable number of employees shall be consulted during the inspection
				  concerning possible safety or health hazards.
6. Technical personnel such as safety
				  engineers and industrial hygienists or other consultants to the commissioner or
				  the employer may accompany the commissioner if the commissioner determines that
				  their presence would aid in the conduct of the inspection and agreement is
				  obtained from the employer or the commissioner obtains an order under §
				  40.1-6(8)(b) of the Code of Virginia. All such consultants shall be bound by
				  the confidentiality requirements of § 40.1-51.4:1 of the Code of
				  Virginia.
7. The commissioner is
				  authorized to dismiss from the inspection party at any time any person or
				  persons whose conduct interferes with the inspection.
Statutory Authority
§ 40.1-22(5) of the Code of Virginia.