SafetyQuestion 100 of 1632

A Cal/OSHA compliance officer arrives at a job site. The contractor should:

a.Refuse entry, since a warrant is always required
b.Allow entry, and accompany the officer through
c.Allow entry only after the crew has been sent home
d.Allow entry once the general contractor consents

Explanation

Labor Code section 6314 authorises the Division to enter any place of employment at reasonable times to inspect, and section 6309 lets it investigate a complaint. An employer may insist on an inspection warrant, but that is a right to be used advisedly rather than a rule (a): the Division obtains the warrant, little time is saved, and the employer has drawn attention to itself. The employer is entitled to accompany the compliance officer on the walkaround, which is why (b) is the practical answer as well as the lawful one. Clearing the crew (c) removes none of the conditions and obstructs the employee interviews the officer is entitled to conduct privately. And on a multi-employer site the general contractor's consent has no bearing (d): the Division is inspecting this employer's own workplace.

Law Reference: Labor Code §6314; §6309; §6321

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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)
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