If an inspector finds conducive conditions during an inspection but fails to report them, what liability exists?

When an inspector identifies conducive conditions during an inspection, their professional duty typically mandates that they report these findings. However, if they fail to report these conditions, liability can shift to the Licensee. Even though the inspector may not be immediately accountable for not reporting, the Licensee holds the ultimate responsibility for maintaining safety and compliance with regulations.

The rationale behind this is rooted in the principle that the Licensee is expected to ensure that their operations meet specific standards and guidelines. If an inspector discovers issues that could impact compliance or safety but does not report them, the Licensee cannot simply absolve themselves of responsibility by claiming ignorance. This creates a situation where the Licensee could potentially face consequences for failing to address known issues, which further emphasizes the importance of transparent communication between inspectors and those being inspected.

In this context, the liability lies with the Licensee, as they cannot dismiss the inspector's oversight and are obliged to manage their operations responsibly.