(a) Each licensee shall afford to the executive director and to inspectors representing the executive director at all reasonable times opportunity to inspect materials, activities, facilities, premises, and records under the rules in this chapter.
(b) During an inspection, the inspectors may consult privately with workers as specified in §336.407 of this title (relating to Consultation with Workers During Inspections). The licensee or licensee's representative may accompany inspectors during other phases of an inspection.
(c) If, at the time of inspection, an individual has been authorized by the workers to represent them during inspections, the licensee shall notify the inspectors of this authorization and shall give the workers' representative an opportunity to accompany the inspectors during the inspection of physical working conditions.
(d) Each workers' representative shall be routinely engaged in licensed activities under control of the licensee and shall have received instructions as specified in §336.404 of this title (relating to Instructions to Workers).
(e) Different representatives of licensees and workers may accompany the inspectors during different phases of an inspection if there is no resulting interference with the conduct of the inspection. However, only one workers' representative at a time may accompany the inspectors.
(f) With the approval of the licensee and the workers' representative, an individual who is not routinely engaged in licensed activities under control of the licensee, for example, a consultant to the licensee or to the workers' representative, shall be afforded the opportunity to accompany inspectors during the inspection of physical working conditions.
(g) Notwithstanding the other provisions of this section, the inspectors are authorized to refuse to permit accompaniment by any individual who deliberately interferes with a fair and orderly inspection. With regard to any area containing proprietary information, the workers' representative for that area shall be an individual previously authorized by the licensee to enter that area.

Source Note: The provisions of this §336.406 adopted to be effective June 5, 1997, 22 TexReg 4588.