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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>78471</law_id><section_number>40.1-49.11</section_number><catch_line>Conduct of inspection, testing, or collection of samples for analysis</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="40.1">Labor and Employment</unit><unit label="chapter" level="2" order_by="1" identifier="3">Protection of Employees</unit><unit label="article" level="3" order_by="1" identifier="5">Safety Provisions</unit></structure><text>
						<section><p>No warrant shall be executed in the absence of the owner, operator or agent in charge of the particular place, things or persons unless specifically authorized by the issuing judicial officer upon showing that such authority is reasonably necessary to effect the purposes of a <span class="dictionary">law</span> or regulation being enforced. An entry pursuant to this warrant shall not be made forcibly, except that the issuing officer may expressly authorize a forcible entry (i) where <span class="dictionary">facts</span> are shown sufficient to create a reasonable suspicion of an immediate threat to an <span class="dictionary">employee</span>&#x2019;s health or safety, or (ii) where <span class="dictionary">facts</span> are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. If forcible entry is authorized, the warrant shall be issued jointly to the <span class="dictionary">Commissioner</span> and to a <span class="dictionary">law</span>-enforcement officer who shall accompany the <span class="dictionary">Commissioner</span>&#x2019;s representative during the execution.</p></section></text><history>1987, c. 643.</history><metadata></metadata></law>
