Jerry Cox, legal counsel for the Dangerous Goods Advisory Council (DGAC), prepared a general overview of legal rights involving inspections for compliance with packaging-related regulations. As a manufacturer or shipper of hazardous materials, all packagings are subject to inspection. Mr. Cox highlights the following points in the event an inspection should occur:
- You may see and take some time to verify a “hazmat inspector’s” credentials.
- The inspector must tell you the “general purpose” of the inspection or investigation before it begins.
- Inspections may be conducted and information gathered only “at a reasonable time and in a reasonable manner.”
- You may refuse to produce documents or other information unrelated to compliance with the HMRs.
- You may protect your confidential business information, or that of your supplier/customer, from public disclosure.
- You have the right to consult with your attorney at any point during your interaction with the inspector.
- You may refuse to disclose information that is legally privileged or that you create in anticipation of litigation.
- You may challenge from the get-go any of the inspector’s adverse findings.
- Beware, however, of new statutory language making it a separate violation to “obstruct” an investigation.