1. (1) In order to carry out the purposes of this chapter, the director or the director's authorized representative is authorized:

   1. (a) To enter without delay any work site or area or other environment where work is performed by an employee or where employment records are, or are required to be, maintained; and
   2. (b) To inspect, transcribe, and copy all pertinent records, and 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 employer, owner, operator, agent, or employee.
2. (2) The director or their authorized designated representative may initiate an investigation without an employee's complaint to ensure compliance with the chapter. The director may also initiate an investigation when the director otherwise has reason to believe that a violation has occurred.
3. (3) An employer who fails to allow adequate inspection of records in an inspection by the department within a reasonable time may not use such records in any appeal to challenge the correctness of any citation and notice issued by the department.
4. (4) The department may request an employer perform a self-audit of any records relating to this chapter which must be provided within a reasonable time. Reasonable timelines will be specified in the self-audit request. The department must determine reasonable time based on the number of affected employees and the period of time covered by the self-audit. The records examined by the employer in order to perform the self-audit must be made available to the department upon request.
5. (5) Upon the department's request, an employer must notify affected employees in writing that the department is conducting an investigation. The department may require the employer to include a general description of the investigation, including the allegations, as part of the notification. The employer may consult with the department to provide the information for the description of the notification of investigation.

[Statutory Authority: RCW 49.12.121 and 49.30.060. WSR 26-11-048 (Order 25-21), s 296-122-160, filed 5/19/26, effective 7/1/26.]