Section 350.60  Advance Notice of Inspection

a)         The Department and its inspectors are prohibited from providing advance notice of inspections to the employer.  However, advance notice may be given when the Department finds the existence of one or more of the following circumstances:

1)         Where there appears to be an imminent danger and advance notice to the employer may enable the employer to abate the danger as quickly as possible;

2)         Where special preparations by the employer, such as ensuring the personal security and privacy of persons at the workplace or the inspection staff, are necessary prior to the inspection.  Advance notice shall be limited to the time necessary to make required preparations; or

3)         Where the presence of specific individuals, such as a specific employee or appropriate technical personnel, is needed to aid in the inspection.

b)         When the Department provides advance notice of an inspection to an employer, the employer shall notify affected employees and any authorized representatives of employees.

c)         Any employee of the Department providing advance notice of an inspection to an employer in violation of this Section shall be subject to disciplinary action by the Department and criminal penalties as provided in the Safety Inspection and Education Act.