Ch. 59                            MARVIN MANDEL, Governor                               101

(D) THE COMMISSIONER IS AUTHORIZED TO GRANT A
VARIANCE FROM ANY RULE, REGULATION OR STANDARD OR
PORTION THEREOF WHENEVER HE DETERMINES THAT SUCH
VARIANCE IS NECESSARY TO PERMIT AN EMPLOYER TO
PARTICIPATE IN AN EXPERIMENT APPROVED BY HIM DESIGNATED
TO DEMONSTRATE OR VALIDATE NEW AND IMPROVED
TECHNIQUES TO SAFEGUARD THE HEALTH OR SAFETY OF
WORKERS.

35. INSPECTIONS AND INVESTIGATIONS.

(A)  THE COMMISSIONER OR HIS AUTHORIZED REPRESENTATIVE
IS AUTHORIZED TO ENTER WITHOUT DELAY AND AT REASONABLE
TIMES ANY FACTORY, PLANT, ESTABLISHMENT, CONSTRUCTION
SITE OR OTHER AREA, WORK PLACE, PLACE OF EMPLOYMENT, OR
ENVIRONMENT WHERE WORK IS PERFORMED BY AN EMPLOYEE
OF AN EMPLOYER, TO INSPECT AND INVESTIGATE ANY SUCH
PLACE OF EMPLOYMENT AND ALL PERTINENT CONDITIONS,
STRUCTURES, MACHINES, APPARATUS, DEVICES, EQUIPMENT,
AND MATERIALS THEREIN, AND TO QUESTION PRIVATELY ANY
SUCH EMPLOYER, AGENT OR EMPLOYEE.

(B)  SUBJECT TO REGULATIONS ISSUED BY THE COMMISSIONER,
A REPRESENTATIVE OF THE EMPLOYER AND AN AUTHORIZED
REPRESENTATIVE OF HIS EMPLOYEES , SELECTED BY THE
EMPLOYEES. SHALL BE GIVEN AN OPPORTUNITY TO ACCOMPANY
THE COMMISSIONER OR HIS AUTHORIZED REPRESENTATIVE
DURING ANY INSPECTION OF ANY PLACE OF EMPLOYMENT.
WHERE THERE IS NO AUTHORIZED EMPLOYEE REPRESENTATIVE,
THE COMMISSIONER OR HIS AUTHORIZED REPRESENTATIVE
SHALL CONSULT WITH A REASONABLE NUMBER OF EMPLOYEES
CONCERNING MATTERS OF SAFETY AND HEALTH IN THE PLACE
OF EMPLOYMENT.

(C)  ANY EMPLOYEE OR REPRESENTATIVE OF EMPLOYEES WHO
IN GOOD FAITH BELIEVES THAT A VIOLATION OF A SAFETY OR
HEALTH STANDARD PROMULGATED UNDER THIS SUBTITLE
EXISTS THAT THREATENS PHYSICAL HARM TO EMPLOYEES OR
THAT IMMINENT DANGER TO SUCH EMPLOYEES EXISTS, MAY
REQUEST AN INSPECTION OF SAID PLACE OF EMPLOYMENT BY
GIVING NOTICE TO THE COMMISSIONER OR HIS AUTHORIZED
REPRESENTATIVE OF SUCH VIOLATION OR DANGER. ANY SUCH
NOTICE SHALL BE IN WRITING, SHALL SET FORTH WITH
REASONABLE PARTICULARITY THE GROUNDS FOR THE NOTICE,
AND SHALL BE SIGNED BY THE EMPLOYEE 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
ANY RECORD PUBLISHED, RELEASED, OR MADE AVAILABLE
PURSUANT TO ANY PROVISION OF THIS SUBTITLE. IF UPON
RECEIPT OF SUCH NOTIFICATION THE COMMISSIONER
DETERMINES THAT THERE ARE REASONABLE GROUNDS TO
BELIEVE THAT SUCH VIOLATION OR DANGER EXISTS, HE SHALL
MAKE A SPECIAL INVESTIGATION AS SOON AS PRACTICABLE, TO
DETERMINE IF SUCH VIOLATION OR DANGER EXISTS. IF THE
COMMISSIONER DETERMINES THERE ARE NO REASONABLE