Sec. 52. This section does not apply to a subpoena requesting only documents or other records. Neither the commissioner nor any employee or former employee of the department is subject to subpoena for purposes of inquiry into any occupational safety and health inspection, except in the following circumstances:
(1) An enforcement proceeding is brought under this chapter.
(2) An action is filed in which the department is a party.
(3) The commissioner consents in writing to waive the exemption provided by this section.
(4) A court finds that:
(A) the information sought is essential to the underlying case;
(B) there are no reasonable alternative means for acquiring the information; and
(C) a significant injustice would occur if the requested testimony was not available.
As added by P.L.76-2012, SEC.4.
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