Montana Code Annotated
Part 1. Montana Occupational Safety and Health Act
50-71-118. Inspections

50-71-118. Inspections. (1) The department may inspect all workplaces of any public sector employer for the purpose of determining whether the public sector employer is in compliance with the safety and health standards that apply to the employer and the employer's workplaces. A department employee conducting an inspection shall, upon request, present appropriate credentials to the public sector employer. The department shall invite a representative of the public sector employer and a representative of any labor organization that represents employees of the public sector employer who are working at the workplace that is to be inspected to accompany the department employee on the inspection. The labor organization representative must be on paid status while accompanying the department employee on the inspection.
(2) An inspection may be performed:
(a) periodically without prior notice or scheduling;
(b) at the request of the public sector employer;
(c) as the result of a complaint of a violation of a safety or health standard at a public sector employer's workplace;
(d) as part of a department investigation following a report of an occupational injury, illness, or death; or
(e) following the issuance of a citation, after the public sector employer has been given a reasonable opportunity to correct any violation of standards.
(3) A public sector employer may not interfere with a department inspection conducted pursuant to this section.
(4) The department may not unreasonably interfere with the operations of a public sector employer while conducting an inspection. An unscheduled inspection does not constitute unreasonable interference with the public sector employer's operations.
History: En. Sec. 8, Ch. 27, L. 2009.

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