Montana Code 50-71-118. Inspections
50-71-118. Inspections. (1) The department may inspect all workplaces of any public sector employer for the purpose of determining whether the public sector employer is in compliance with the safety and health standards that apply to the employer and the employer’s workplaces. A department employee conducting an inspection shall, upon request, present appropriate credentials to the public sector employer. The department shall invite a representative of the public sector employer and a representative of any labor organization that represents employees of the public sector employer who are working at the workplace that is to be inspected to accompany the department employee on the inspection. The labor organization representative must be on paid status while accompanying the department employee on the inspection.
Terms Used In Montana Code 50-71-118
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 50-71-112
- Employee: has the meaning provided in 39-71-118. See Montana Code 50-71-112
- Employer: has the meaning provided in 39-71-117. See Montana Code 50-71-112
- Health: means protection against occupational illness. See Montana Code 50-71-112
- Inspection: means an onsite review of a workplace by the department to determine compliance with standards adopted under this part. See Montana Code 50-71-112
- Public sector employer: means :
(a)a state agency;
(b)each county in the state;
(c)each municipality in the state;
(d)each school district or community college; and
(e)any other political subdivision of the state. See Montana Code 50-71-112
- Safety: means protection against occupational injury or death. See Montana Code 50-71-112
- Standard: means a rule adopted by the department pursuant to this part that is designed to promote or ensure safety or health in the workplace. See Montana Code 50-71-112
- Workplace: means any site or location where an employee performs work for the employee's employer. See Montana Code 50-71-112
(2)An inspection may be performed:
(a)periodically without prior notice or scheduling;
(b)at the request of the public sector employer;
(c)as the result of a complaint of a violation of a safety or health standard at a public sector employer’s workplace;
(d)as part of a department investigation following a report of an occupational injury, illness, or death; or
(e)following the issuance of a citation, after the public sector employer has been given a reasonable opportunity to correct any violation of standards.
(3)A public sector employer may not interfere with a department inspection conducted pursuant to this section.
(4)The department may not unreasonably interfere with the operations of a public sector employer while conducting an inspection. An unscheduled inspection does not constitute unreasonable interference with the public sector employer’s operations.