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Access to employees for interviews?
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To preface this, let me say this scenario did not occur during an inspection, but rather during a conversation with an operator (not in my area).

This person insisted that the inspector can only interview the manager/PIC and not the employees regarding operations. I tried to explain that it's difficult, if not impossible, to effectively evaluate a given food setting by speaking with just 1 person. He was adamant that the inspector has no regulatory authority to "interrogate" (his words) the employees.

I pointed out that by applying for and accepting a food license from the relevant agency, they were accepting the accompanying requirements, including things like routine inspections and interviewing staff. Unfortunately I wasn't getting anywhere, and he kept insisting that the mere act of speaking to the staff was somehow a threat to their 1st and 5th amendment rights. Also, he claimed that he had never had an inspector even ask to speak with staff in his whole career because they "knew" they weren't allowed to.

At that point I realized I was wasting my breath and dropped it. It did get me wondering though how you all might have responded. I'm just interested in your thoughts.

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1 year ago