§ 23-1.1-8. Report of violations by employees — Inspection.
(a) Any employee or representative of employees who believes that a violation of a health
code exists that threatens physical harm, or that an imminent danger exists, may request
an inspection by giving notice to the director of the violation or danger. Any notice
shall be presented in writing, shall set forth with reasonable particularity the grounds
for the notice, and shall be signed by the employee or representative of employees.
Upon receipt of the notification, the director shall provide a copy to the employer
or the employer's agent not later than at the time of inspection, ex
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§ 23-1.1-8. Report of violations by employees — Inspection.
(a) Any employee or representative of employees who believes that a violation of a health
code exists that threatens physical harm, or that an imminent danger exists, may request
an inspection by giving notice to the director of the violation or danger. Any notice
shall be presented in writing, shall set forth with reasonable particularity the grounds
for the notice, and shall be signed by the employee or representative of employees.
Upon receipt of the notification, the director shall provide a copy to the employer
or the employer's agent not later than at the time of inspection, except that upon
the request of the person giving the notice, his or her name and the name of the individual
employee referred to in the notice shall not appear in the copy or in any record published,
released, or made available. If, upon receipt of the notification, the director determines
there are reasonable grounds to believe that a violation or danger exists, he or she
shall make a special inspection in accordance with the provisions of this section
as soon as practicable, to determine if a violation or danger exists. If the director
determines that there are not reasonable grounds to believe that a violation or danger
exists, he or she shall notify the employee or representative of the employees, in
writing, of that determination.
(b) Prior to or during any inspection of a workplace, any employee or representative of
employees employed in the workplace may notify the director, in writing, of any violation
of this chapter which the employee or representative has reason to believe exists
in the workplace. The director of labor and training shall, by regulation, establish
procedures for informal review of any refusal by representatives of the director of
health to issue a compliance order with respect to any alleged violation and the director
shall furnish the employee or representative of employees requesting the review a
written statement of the reasons for the director's final disposition of the case.
(c) A representative of the employer and a representative authorized by the employees
shall be given the opportunity to accompany the compliance inspector during a physical
inspection of the workplace for the purpose of aiding the inspection. Where there
is no authorized employee representative, the compliance inspector shall consult with
a reasonable number of employees concerning matters of health in the workplace.