OSH Act 29 USC 657 Section 8

29 USC 657
SEC. 8.
Inspections, Investigations, and Recordkeeping
(a)
In order to carry out the purposes of this Act, the Secretary, upon presenting appropriate credentials
to the owner, operator, or agent in charge, is authorized -(1)
to enter without delay and at reasonable times any factory, plant,
establishment, construction site, or other area, workplace or
environment where work is performed by an employee of an employer;
and
(2)
to inspect and investigate during regular working hours and at other
reasonable times, and within reasonable limits and in a reasonable
manner, any such place of employment and all pertinent conditions,
structures, machines, apparatus, devices, equipment, and materials
therein, and to question privately any such employer, owner, operator,
agent or employee.
(b)
In making his inspections and investigations under this Act the
Secretary may require the attendance and testimony of witnesses and
the production of evidence under oath. Witnesses shall be paid the
same fees and mileage that are paid witnesses in the courts of the
United States. In case of a contumacy, failure, or refusal of any person
to obey such an order, any district court of the United States or the
United States courts of any territory or possession, within the jurisdiction
of which such person is found, or resides or transacts business, upon
the application by the Secretary, shall have jurisdiction to issue to such
person an order requiring such person to appear to produce evidence if,
as, and when so ordered, and to give testimony relating to the matter
under investigation or in question, and any failure to obey such order of
the court may be punished by said court as a contempt thereof.
(c)
(1)
Each employer shall make, keep and preserve, and make available to
the Secretary or the Secretary of Health and Human Services, such
records regarding his activities relating to this Act as the Secretary, in
cooperation with the Secretary of Health and Human Services, may
prescribe by regulation as necessary or appropriate for the enforcement
of this Act or for developing information regarding the causes and
prevention of occupational accidents and illnesses. In order to carry out
the provisions of this paragraph such regulations may include provisions
requiring employers to conduct periodic inspections. The Secretary shall
also issue regulations requiring that employers, through posting of
notices or other appropriate means, keep their employees informed of
their protections and obligations under this Act, including the provisions
of applicable standards.

(2)
The Secretary, in cooperation with the Secretary of Health and Human
Services, shall prescribe regulations requiring employers to maintain
accurate records of, and to make periodic reports on, work-related
deaths, injuries and illnesses other than minor injuries requiring only first
aid treatment and which do not involve medical treatment, loss of
consciousness, restriction of work or motion, or transfer to another job.
(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)
Pub. L. 105-198 added subsection (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.