29 U.S.C. 657 Inspections, Investigations, and Recordkeeping

29 USC 657
(3) The Secretary, in cooperation with the Secretary of Health and Human Services, shall
issue regulations requiring employers to maintain accurate records of employee
exposures to potentially toxic materials or harmful physical agents which are required to
be monitored or measured under section 6. Such regulations shall provide employees or
their representatives with an opportunity to observe such monitoring or measuring, and to
have access to the records thereof. Such regulations shall also make appropriate provision
for each employee or former employee to have access to such records as will indicate his
own exposure to toxic materials or harmful physical agents. Each employer shall
promptly notify any employee who has been or is being exposed to toxic materials or
harmful physical agents in concentrations or at levels which exceed those prescribed by
an applicable occupational safety and health standard promulgated under section 6, and
shall inform any employee who is being thus exposed of the corrective action being
taken.
(d) Any information obtained by the Secretary, the Secretary of Health and Human
Services, or a State agency under this Act shall be obtained with a minimum burden upon
employers, especially those operating small businesses. Unnecessary duplication of
efforts in obtaining information shall be reduced to the maximum extent feasible. (e)
Subject to regulations issued by the Secretary, a representative of the employer and a
representative authorized by his employees shall be given an opportunity to accompany
the Secretary or his authorized representative during the physical inspection of any
workplace under subsection (a) for the purpose of aiding such inspection. Where there is
no authorized employee representative, the Secretary or his authorized representative
shall consult with a reasonable number of employees concerning matters of health and
safety in the workplace. (f) (1) Any employees or representative of employees who
believe that a violation of a safety or health standard exists that threatens physical harm,
or that an imminent danger exists, may request an inspection by giving notice to the
Secretary or his authorized representative of such violation or danger. Any such notice
shall be reduced to writing, shall set forth with reasonable particularity the grounds for
the notice, and shall be signed by the employees or representative of employees, and a
copy shall be provided the employer or his agent no later than at the time of inspection,
except that, upon the request of the person giving such notice, his name and the names of
individual employees referred to therein shall not appear in such copy or on any record
published, released, or made available pursuant to subsection (g) of this section. If upon
receipt of such notification the Secretary determines there are reasonable grounds to
believe that such violation or danger exists, he shall make a special inspection in
accordance with the provisions of this section as soon as practicable, to determine if such
violation or danger exists. If the Secretary determines there are no reasonable grounds to
believe that a violation or danger exists he shall notify the employees or representative of
the employees in writing of such determination.
(2) Prior to or during any inspection of a workplace, any employees

or representative of employees employed in such workplace may notify the Secretary or
any representative of the Secretary responsible for conducting the inspection, in writing,
of any violation of this Act which they have reason to believe exists in such workplace.
The Secretary shall, by regulation, establish procedures for informal review of any refusal
by a representative of the Secretary to issue a citation with respect to any such alleged
violation and shall furnish the employees or representative of employees requesting such
review a written statement of the reasons for the Secretary's final disposition of the case.
(g) (1) The Secretary and Secretary of Health and Human Services are authorized to
compile, analyze, and publish, either in summary or detailed form, all reports or
information obtained under this section.
(2) The Secretary and the Secretary of Health and Human Services shall each prescribe
such rules and regulations as he may deem necessary to carry out their responsibilities
under this Act, including rules and regulations dealing with the inspection of an
employer's establishment.
(h) The Secretary shall not use the results of enforcement activities, such as the number
of citations issued or penalties assessed, to evaluate employees directly involved in
enforcement activities under this Act or to impose quotas or goals with regard to the
results of such activities.
Pub. L. 105-198 added subsection (h)