Context: A state OSHA compliance officer drives onto private property in an unmarked vehicle, exits their vehicle, announces "who's in charge?", then states that they are "not working"; that they just happened to be driving by, and that they decided to stop and perform an inspection.
Do any states provide legal authority by statute for an OSHA compliance officer to inspect a site when they are in their own words "not working"? Can any statutes, administrative regulations, judicial decisions be cited as authority for an OSHA compliance officer to perform official state actions when they are not official on duty or assignment; "not working"?
What is the test to determine if an individual is acting in their official capacity or acting in their individual capacity? Is an individual who identifies themselves as an agent of the state who in their own words is "not working" at that moment a private citizen acting as an individual and not acting in their official capacity as an agent of the state?
What is the legal "bright line" for state administrative agency employment as to acting in their official capacity as an agent of the state? Do administrative agency employees act in the official capacity of an agent of the state when they are not officially on duty? When does the work day officially conclude for a state administrative worker?