§ 27-11-108 — Right of entry and inspection; consultation with employees; penalty for giving advance notice

(a) Any department authorized employee or representative
of the department may enter and inspect any property, premises
or place, except private residences where persons are employed,
at any reasonable time to investigate health and safety
conditions and compliance with safety and health laws, rules and
regulations. No person conducting an inspection under this
subsection shall unreasonably interfere with the operations,
business or work of any employer or employee. At the opening
conference, immediately before an inspection commences, the
department shall notify employers in writing of their right to
refuse its employees entry to investigate health and safety
conditions unless the employees have a warrant issued by a court
of competent jurisdiction.
(b) A representative or representatives of the employer
and a representative or representatives authorized by the
employees shall be given an opportunity to accompany any duly
authorized employee or representative of the department before
or during the physical inspection of any workplace for the
purpose of aiding such inspection. Where there is no authorized
employee representative, any duly authorized employee or
representative of the department shall consult with a reasonable
number of employees concerning matters of safety and health.
(c) Any person who gives advance notice of any inspection,
investigation or response to a complaint to be conducted under
the authority, and for the purpose of enforcement of this act,
without the consent of the department shall, upon conviction, be
guilty of a misdemeanor and shall be punished by a fine of not
more than ten thousand dollars ($10,000.00) or by imprisonment
for not more than six (6) months or both.