Amendment 2026-0534h to HB1072 (2026)

Relative to employer notice of department of labor investigations.


Revision: Feb. 6, 2026, 4:06 p.m.

House Labor, Industrial and Rehabilitative Services

February 4, 2026

2026-0534h

05/07

 

 

Amendment to HB 1072

 

Amend the bill by replacing section 1 with the following:  

 

1  Inspections.  Amend RSA 273:9 to read as follows:  

273:9 Inspections. The commissioner shall, at such times as [he] the commissioner shall deem it necessary, [and without notice] pursuant to this section, visit the manufacturing, mechanical, and mercantile establishments in the state, so far as practicable, for the purpose of ascertaining whether the laws with reference to employment are complied with, and for the further purpose of ascertaining if reasonable sanitary and hygienic conditions are maintained, calculated to promote the health and welfare of the working people.  

I.  The commissioner shall provide notice of a visit or inspection to the owner of an establishment no less than 30 days prior to the visit. The notice shall state the specific lawful purpose of the visit, identify whether the visit or inspection is related to a complaint, and describe any alleged violation.  

II. The commissioner shall allow an establishment that is subject to a request or demand for documents, written responses, or interviews, regardless of whether the request is based on a complaint, no less than 30 days from the date of the demand or response, to respond to such a request or demand.  

III. The commissioner may conduct visits or inspections with less than 30 days’ notice, or make a request or demand for documents, responses, or interviews sooner than 30 days from the date of the request or demand for one of the following reasons:  

(a) The establishment was found to be in violation by the commissioner in the previous 36 months.  

(b) The commissioner believes, based on substantial evidence, that a specific alleged violation poses an imminent risk to the health or safety of employees, consumers, or the public.  

(c) The commissioner believes, based on substantial evidence, that complying with these requirements may result in the destruction of evidence or other interference on the part of the establishment.  

(d)  The commissioner is enforcing the provisions of RSA 157-A, relative to boilers and pressure vessels.

(e)  The commissioner is enforcing the provisions of RSA 157-B, relative to elevators and accessibility lifts.

(f)  The commissioner is enforcing the provisions of RSA 276-A:4, I, relative to the prohibition against youth being employed or permitted to work in any hazardous occupation.

(g)  The commissioner is enforcing the provisions of RSA 277, relative to public workplace safety.

(h)  The owner or owner’s representative has had an opportunity to review the notice document required by paragraph I and has provided written consent to waive the 30 day deadline.