§ 28-20-12. Inspection powers.
(a) The director, upon presenting appropriate credentials to the owner, operator, representative, or agent in charge, is authorized:
(1) To enter without delay and at reasonable times any factory, plant, establishment, construction site or other area, workplace, or environment where work is performed by an employee of an employer; and
(2) To inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials in the place of employment, and to privately question any employer, owner, operator, agent, or employee.
(b) If the director is denied entry to any place that he or she has reason to believe has been, is being, or is about to be used as a place of employment, he or she shall make application under oath setting forth the reasons for his or her belief that the place has been, is being, or is about to be used as a place of employment, and the facts concerning his or her denial, to any justice of the superior court. That court shall issue an order ex parte, if it finds that the belief is reasonable, allowing the director to make any entry that is reasonably necessary to conduct the inspection.
(c) In making inspections and investigations under this chapter, the director may require the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that are paid to witnesses in the courts of the state. In case of contumacy, failure, or refusal of any person to obey an order, the superior court shall have the jurisdiction to issue to the person an order requiring the person to appear to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question, and any failure to obey that order of the court may be punished by the court as a contempt of court.
History of Section.P.L. 1973, ch. 260, § 2.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-20 - Division of Occupational Safety
Section 28-20-1. - Definitions.
Section 28-20-2. - Division of occupational safety.
Section 28-20-2.1. - Video display terminals — Informational brochure — Training programs.
Section 28-20-3. - Annual report.
Section 28-20-4.1. - Adoption of regulations pertaining to HIV and hepatitis.
Section 28-20-5. - Devotion to duties — Assignment of compliance inspectors — Other employment.
Section 28-20-6. - Appropriations.
Section 28-20-7. - Applicability and reports of places of business.
Section 28-20-8. - Employer’s duties.
Section 28-20-9. - Employee’s duties.
Section 28-20-10. - Applicability to state and municipal employees.
Section 28-20-11. - Recordkeeping requirements.
Section 28-20-12. - Inspection powers.
Section 28-20-13. - Inspection of violations.
Section 28-20-14. - Procedures to counteract imminent dangers.
Section 28-20-15. - Prosecution of violations.
Section 28-20-16. - Compliance orders.
Section 28-20-17. - Enforcement procedure.
Section 28-20-18. - Penalties.
Section 28-20-19. - Occupational safety and health review board.
Section 28-20-20. - Judicial review.
Section 28-20-21. - Discrimination on account of complaint.
Section 28-20-23. - Compensation of commission members — Assistance — Appropriations.
Section 28-20-25. - Hearing on codes.
Section 28-20-26. - Effective date of codes and changes.
Section 28-20-27. - Publication of codes and changes — Posting of lists — Notice to employees.
Section 28-20-28. - Temporary codes.
Section 28-20-29. - Granting of variances — Statement of reasons for various actions by director.
Section 28-20-30. - Judicial review of code provisions.
Section 28-20-31. - Notice of judicial review — Rules of practice.
Section 28-20-32. - Confidentiality of trade secrets.
Section 28-20-33. - Other safety and health laws unimpaired.