24.30.104    INSPECTIONS AND CITATIONS

(1) In order to require the state and every political subdivision of this state to furnish to its employees a place of employment free from recognized hazards likely to cause death or serious physical harm to employees, the Department of Labor and Industry has adopted ARM 24.30.102. In accordance with such rules, the department is entitled to conduct inspections and to issue citations for alleged violations. With respect to such power the following provisions apply:

(a) Each employer shall post and keep posted a notice or notices, to be furnished by the department's Safety Bureau, informing employees of the protections and obligations provided for in the Montana Occupational Safety and Health Act. Such notice or notices shall be posted by the employer in each public entity in a conspicuous place or places where notices to employees are customarily posted. Each employer shall take steps to ensure that such notices are not altered, defaced, or covered by other material.

(b) Any representative of the safety bureau appearing at any place of employment including, but not limited to, any field operation, for the purpose of carrying out the intent and purpose of the Montana Occupational Safety and Health Act, shall be allowed entry without delay and at reasonable times.

(c) Any safety bureau representative may consult with employees concerning matters of occupational safety and health to the extent the representative deems necessary for the conduct of an effective and thorough inspection. During the course of an inspection, any employee shall be afforded an opportunity to bring any violation of the Montana Occupational Safety and Health Act which the employee has reason to believe exists in the workplace to the attention of the safety bureau representative.

(d) Upon receipt of any citation under the Montana Occupational Safety and Health Act, the employer shall immediately post an unedited legible copy in a prominent place where it will be readily observable by all affected employees. A copy of the completed Mandatory Inspection Response form(s) shall be posted at the same location the citations were posted no later than the time the original Mandatory Inspection Response form is submitted to the safety bureau. It shall remain posted for 30 days or until all abatement action has been approved by the safety bureau, whichever period is longer.

History: 50-71-114, MCA; IMP, 50-71-118, 50-71-119, 50-71-123, MCA; NEW, 1991 MAR p. 2490, Eff. 12/13/91; AMD, 2005 MAR p. 98, Eff. 11/19/04; AMD, 2015 p. 1056, Eff. 7/31/15.