The Inspection – Part 6
During the inspection, accompany the investigator at all times. For employee and/or witness interviews, insist on being present. If possible, schedule a separate interview with the employee, preferably before the investigator speaks to them and then after the interview with the investigator find out what is discussed. Civil investigators do not have to be allowed to talk freely with employees. Civil investigators do have subpoena power. Criminal investigators will usually have a specific agenda for witness or employee interviews. You can not prevent employees from talking to the investigators; however, employees do not have to talk to investigators. One suggested alternative is to give all non-essential employees the rest of the day off.
Take notes during the inspection. If possible, videotape the entire inspection and the investigator. If the inspector takes video tapes or pictures, you are entitled to copies. If samples are collected make sure that they are collected properly. You may even want to take your own samples. Always request a sample split and have your own analysis done. You have a right to copies of photographs and sample splits or other physical evidence. Ask for them. If documents are requested by the inspector, request a written list of documents sought as you can provide documents at a later date after they have been reviewed for privilege and/or confidentiality.
More later.
As always, feel free to call me or e-mail me with any questions at walter.james@jamespllc.com.
WDJiii