Section 610IAC9-2-5. Refusal to permit inspection; compulsory process

   (a) Upon a refusal to permit an IOSHA compliance safety and health inspector, in exercise of his or her official duties, to enter and conduct the inspection described in this article, or perform any of the duties or activities described in this article or the Act, the IOSHA compliance safety and health inspector shall:

(1) terminate the inspection;

(2) ascertain the reasons for such refusal; and

(3) immediately report the refusal and the reasons to the commissioner or the commissioner's designee.

  (b) The commissioner or the commissioner's designee shall consult with the attorney general or the attorney general's designee, who shall take appropriate action, including compulsory process.

  (c) Compulsory process shall be sought in advance of an attempted inspection or investigation if, in the judgment of the commissioner and the attorney general, or their respective designees, circumstances exist that create a reasonable belief that the employer will not cooperate or will refuse entry.

  (d) For purposes of this section, "compulsory process" means the institution of any appropriate action, including, but not limited to, ex parte application for an inspection warrant or its equivalent. Ex parte inspection warrants shall be:

(1) the preferred form of compulsory process; and

(2) used before legal action in a court of competent jurisdiction is taken.

(Department of Labor; 610 IAC 9-2-5; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA)