Section 350.80  Conduct of Inspections

a)         Subject to Section 350.40, inspections shall take place at such times and in such places of employment as the Division Manager, Regional Enforcement Manager or the Inspector may direct. At the beginning of an inspection, Inspectors shall present their credentials to the owner, operator or agent in charge at the establishment; explain the nature and purpose of the inspection; and indicate generally the scope of the inspection and the records they wish to review.  However, the designation of records shall not preclude access to additional records specified in Section 350.40.

b)         Inspectors shall have authority to take environmental samples and to take or obtain photographs related to the purpose of the inspection, employ other reasonable investigative techniques, and question privately any employer, owner, operator, agent or employee of an establishment. (See Section 350.100, Trade Secrets.) As used in this subsection, "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 similar devices by employees in order to monitor their exposures.

c)         In taking photographs and samples, Inspectors shall take reasonable precautions to ensure that actions with flash, spark-producing or other equipment would not be hazardous. Inspectors shall comply with all employer safety and health rules and practices at the establishment being inspected, and shall wear and use appropriate protective clothing and equipment.

d)         Inspections shall be conducted in a manner that avoids unreasonable disruption of the operations of the employer's establishment.

e)         At the conclusion of an inspection, the Inspector shall confer with the employer or the employer's representative and informally advise the employer of any apparent safety or health violations disclosed by the inspection. During the conference, the employer shall be afforded an opportunity to bring to the attention of the Inspector any pertinent information regarding conditions in the workplace.

f)         Inspections shall be conducted in accordance with this Part.

g)         If needed in order to make a proper inspection, the Inspector may initiate the process to compel attendance and testimony of witnesses and the production of evidence under oath under the Director's authority.

(Source:  Amended at 46 Ill. Reg. 3518, effective February 15, 2022)