Yes, FDA investigators can take photographs during inspections of your facility. However, no federal statute explicitly grants or requires the FDA to take photographs. The agency relies on its interpretation of Section 704 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 374), which authorizes inspections “at reasonable times and within reasonable limits and in a reasonable manner.” The FDA believes this broad language includes the right to photograph what investigators observe.
Here is a statistic that shows how serious the FDA takes this issue: In fiscal year 2024, the FDA issued 105 warning letters for quality issues—the highest number in five years—and companies that limited photography faced import bans and product detentions.
📷 What you will learn in this article:
- 🔍 The exact legal basis the FDA uses to justify taking photographs and why courts have not definitively ruled on this issue
- ⚖️ Your legal rights to refuse photography and the specific consequences of exercising that right
- 🏭 Real-world examples of companies that faced warning letters and import bans for limiting FDA photography
- 📋 Step-by-step strategies to protect your trade secrets while staying cooperative with FDA investigators
- ✅ Do’s and don’ts that prevent your facility from being labeled as “uncooperative” or facing adulteration charges
Understanding FDA’s Authority to Take Photographs
The FDA’s claimed authority to take photographs comes from the Federal Food, Drug, and Cosmetic Act (FDCA), specifically Section 704. This section grants FDA investigators the right to enter and inspect facilities where food, drugs, medical devices, cosmetics, and dietary supplements are manufactured, processed, packed, or held.
Section 704 states that FDA officers may “inspect, at reasonable times and within reasonable limits and in a reasonable manner” any regulated facility. The key word here is reasonable. The FDA interprets this to mean that photography is a reasonable method of documenting what investigators observe.
The FDA Investigations Operations Manual (IOM), which serves as the primary guide for FDA investigators, provides specific instructions in Section 5.3.4.1. The manual directs investigators to not request permission from management to take photographs during an inspection. Instead, investigators are told to simply begin taking photos and video.
If a company objects, the IOM instructs investigators to explain that “U.S. Courts have held that photographs may lawfully be taken as part of an inspection.” The FDA cites two cases to support this position: Dow Chemical Co. v. United States and United States v. Acri Wholesale Grocery Co.
| Legal Basis | What It Says | What It Means for Your Facility |
|---|---|---|
| Section 704, FDCA | Authorizes inspection “at reasonable times and within reasonable limits and in a reasonable manner” | FDA interprets this to include photography as a reasonable inspection method |
| FDA Investigations Operations Manual | Directs investigators not to request permission for photographs | Investigators will begin photographing without asking first |
| FDA Guidance (2014/2024) | Lists “limiting photography” as potentially constituting inspection obstruction | Refusing photographs may result in products being deemed adulterated |
The Two Court Cases the FDA Relies On
The FDA cites two court cases when defending its right to take photographs. However, legal experts argue that neither case provides definitive authority for mandatory photography during FDA inspections.
Dow Chemical Co. v. United States (1986)
In this U.S. Supreme Court case, the Environmental Protection Agency (EPA) used aerial photography to photograph a Dow Chemical plant without the company’s consent. Dow argued that this violated its Fourth Amendment rights against unreasonable searches.
The Supreme Court ruled that the aerial photography was within the EPA’s statutory authority. The Court stated that “regulatory or enforcement authority generally carries with it all the modes of inquiry and investigation traditionally employed or useful to execute the authority granted.”
However, this case involved aerial photography of open areas by the EPA under the Clean Air Act. Extending this decision to on-the-ground photography by FDA investigators under the FDCA is, as the FDA itself admits, “quite a leap”. The FDA’s own guidance documents acknowledge that “the court’s language seems to address the right to take photographs by any regulatory agency,” but this interpretation remains debatable.
United States v. Acri Wholesale Grocery Co. (1976)
In this case, the U.S. District Court for the Southern District of Iowa considered whether photographs taken by FDA inspectors during warehouse inspections could be admitted as evidence at trial. The company did not give express permission for photographs but “fully consented” to the inspection and did not object when inspectors began taking pictures.
The court found that the photography was “reasonable” under the specific circumstances of that case. However, the court did not rule that the FDA has an unfettered right to take photographs during any inspection. The court’s conclusion was limited to situations where a company does not affirmatively object to photography.
| Case | What Happened | Why It Does Not Fully Support FDA’s Position |
|---|---|---|
| Dow Chemical v. United States | Supreme Court allowed EPA aerial photography | Involved aerial photography, different agency, and different statute |
| U.S. v. Acri Wholesale Grocery | Court allowed photos where company did not object | Court did not rule FDA has mandatory authority; decision was fact-specific |
The 2014 and 2024 FDA Guidance Documents
The FDA’s position on photography became more aggressive after Congress passed the FDA Safety and Innovation Act (FDASIA) in 2012. Section 707(b) of FDASIA required the FDA to issue guidance defining what constitutes “delaying, denying, limiting, or refusing” an inspection.
In October 2014, the FDA released its final guidance document titled “Circumstances that Constitute Delaying, Denying, Limiting, or Refusing a Drug Inspection.” This document explicitly lists “limiting photography” as a behavior that may cause drugs to be deemed adulterated under Section 501(j) of the FDCA.
In June 2024, the FDA expanded this guidance to include medical device facilities. The updated guidance provides examples of what the FDA considers “limiting” an inspection. These examples include:
- Not providing an investigator access to all areas of the facility
- Impeding or resisting photography by an FDA investigator
- Not providing complete and legible copies of requested records
- Providing translated or redacted records that are incomplete
The guidance states that “impeding or resisting photography by an FDA investigator may be considered a limitation if such photographs are determined by the investigator to be necessary to effectively conduct that particular inspection.”
Why FDA Investigators Want to Take Photographs
FDA investigators use photographs for several important purposes. Understanding these reasons can help you appreciate why the agency takes this issue seriously.
1. Documenting Non-Compliance
Photographs provide objective, visual evidence of conditions at the time of inspection. A written description of “dirty equipment” can be debated, but a photograph showing caked-on residue is hard to dispute.
2. Supporting FDA Form 483 Observations
When investigators issue an FDA Form 483 documenting objectionable conditions, photographs serve as supporting evidence. These photos may be included in Establishment Inspection Reports (EIRs) and can influence whether the agency issues a warning letter.
3. Building Legal Cases
If the FDA decides to pursue enforcement action—including injunctions, seizures, or criminal prosecution—photographs taken during inspections become critical evidence. Courts find visual evidence compelling.
4. Training and Consistency
The FDA uses inspection photographs to train new investigators on what violations look like in real-world settings. Photos help maintain consistency in how different investigators evaluate similar conditions.
The FDA IOM Section 5.3.4 lists examples of conditions that FDA considers appropriate to document with photographs:
| Condition Type | Example |
|---|---|
| Rodent or insect infestation | Evidence of pest droppings, gnaw marks, or live insects |
| Faulty equipment | Cracked seals, corroded surfaces, broken parts |
| Storage conditions | Improper temperature, moisture damage, contamination risks |
| Product labels and labeling | Misbranding, missing information, unapproved claims |
| Visible contamination | Foreign materials, discoloration, or residue on products |
Real-World Examples: Companies That Faced Consequences
Several companies have received warning letters specifically citing their refusal to permit photography during FDA inspections. These cases illustrate the risks of limiting FDA photographs.
Tianjin Darentang Jingwanhong Pharmaceutical Co., Ltd. (2024)
In the most recent high-profile case, this Chinese drug manufacturer refused to allow FDA investigators to photograph filling machines during a March 2024 inspection. The investigators observed the machines were “dirty and in an apparent state of disrepair, despite the equipment status being identified as clean.”
When the FDA attempted to document these conditions with photographs, company management stated that investigators were not allowed to take photographs. The FDA informed the company that the failure to allow photography would be documented as a refusal, and the company acknowledged the refusal.
| Action | Consequence |
|---|---|
| Refused photography of dirty equipment | Import Alert 66-40 issued August 2024 |
| Provided heavily redacted records | Warning letter issued October 2024 |
| Limited access to manufacturing areas | Products blocked from entering U.S. |
The company was placed on Import Alert 66-40, which means FDA can detain any of their drug products at the U.S. border without physical examination.
Homeolab USA Inc. (2017)
In August 2017, the FDA issued a warning letter to Homeolab USA, part of a Canadian homeopathy company called Homeocan Inc. During a January 2017 inspection, the company allegedly prevented the FDA investigator from photographing “excess material clinging to the sides” of certain equipment.
The warning letter stated that the company “impeded the inspection by preventing our investigator from photographing this piece of equipment.” Because Homeolab’s parent company was located in Canada, the FDA placed the company on Import Alert 66-40, effectively banning its products from entering the United States.
Nippon Fine Chemical Co., Ltd. (2016)
In September 2016, this Japanese company received a warning letter for obstructing an FDA inspection, including limiting photography. During the inspection, the company’s quality assurance manager prevented the investigator from photographing manufacturing equipment used to produce drugs for U.S. distribution.
This warning letter was notable because the FDA effectively shut down a drug facility based solely on the company’s conduct during the inspection—not because of specific product quality concerns. The FDA deemed the drugs adulterated because the company limited and/or refused the inspection.
What Happens If You Refuse Photography
The consequences of refusing to allow FDA photography depend on several factors, including whether your facility is domestic or foreign, what type of products you manufacture, and how the FDA views the overall cooperation during the inspection.
For Domestic Facilities
If a domestic facility refuses photography, the FDA will:
- Document the refusal in the Establishment Inspection Report (EIR)
- List it as a “Refusal” in inspection records, which can be used against the company in future legal proceedings
- Potentially seek an inspection warrant if the agency considers photographs necessary to complete the inspection
- Issue a warning letter citing Section 501(j) of the FDCA, which deems drugs adulterated when a facility limits an inspection
The FDA’s Regulatory Procedures Manual indicates that when seeking an inspection warrant, the agency typically requests authorization to take photographs. Once a warrant is issued, refusal to permit photography can result in arrest by federal marshals and contempt of court sanctions.
For Foreign Facilities
Foreign facilities face even more severe consequences. The FDA can place foreign facilities on Import Alert 99-32 (for food facilities) or Import Alert 66-40 or 66-79 (for drug facilities). Being placed on these alerts means:
- All products from the facility will be detained at the U.S. border
- Products will be refused admission without physical examination
- The facility remains on the alert until an inspection is conducted
- Rescheduling an inspection could take a year or longer
| Facility Type | Consequence of Photography Refusal |
|---|---|
| Domestic drug facility | Warning letter, possible adulteration charge, inspection warrant |
| Domestic food facility | Warning letter, documented refusal, increased inspection frequency |
| Foreign drug facility | Import Alert 66-40 or 66-79, products blocked at border |
| Foreign food facility | Import Alert 99-32, products refused admission |
Your Legal Rights During an FDA Inspection
Despite the FDA’s position that photography is permitted, companies do have certain rights during inspections. Understanding these rights can help you navigate inspections strategically.
Right to Verify Credentials
Before any inspection begins, the FDA investigator must present their official credentials and issue an FDA Form 482 (Notice of Inspection). You have the right to:
- Examine the investigator’s credentials (but not photocopy them)
- Record the investigator’s name and badge number
- Request the Form 482 before the inspection begins
If an investigator declines to provide the Form 482 in writing, the inspection may be part of a criminal investigation and require a search warrant.
Right to Designate an Escort
You have the right to assign someone to accompany the FDA investigator throughout the facility. This escort should:
- Document everything the investigator examines or photographs
- Take duplicate photographs of anything the FDA photographs
- Ensure the investigator stays within the scope of the inspection
Right to Protect Truly Confidential Information
The FDA recognizes that some information deserves protection. Documents containing trade secrets or proprietary information should be marked “CONFIDENTIAL – TRADE SECRET” and this designation should be specifically communicated to the investigator.
However, claiming trade secret protection does not automatically prevent the FDA from photographing or copying the information. Instead, it triggers additional protections under FOIA Exemption 4, which prohibits the release of confidential commercial and trade secret information to the public.
Three Popular Scenarios and Their Consequences
Understanding how different scenarios play out can help you make informed decisions about handling photography requests during FDA inspections.
Scenario 1: The Cooperative Approach
Maria runs a dietary supplement manufacturing facility in California. When FDA investigators arrive, she escorts them throughout the facility and does not object when they begin photographing production equipment. Her quality assurance manager takes duplicate photographs of everything the FDA documents.
| Maria’s Action | Result |
|---|---|
| Allowed photography without objection | Inspection documented as “cooperative” |
| Took duplicate photos | Has evidence to provide context if FDA photos are misleading |
| Marked confidential documents | Trade secrets protected from public disclosure under FOIA |
| Received FDA 483 with minor observations | Submitted response within 15 days; no warning letter issued |
Scenario 2: The Partial Refusal
James manages a pharmaceutical manufacturing plant in New Jersey. When FDA investigators attempt to photograph a proprietary mixing apparatus, James explains that the equipment design is a trade secret and asks that photography be limited to that specific piece of equipment. He offers to let investigators take detailed notes instead.
| James’s Action | Result |
|---|---|
| Refused photography of specific equipment | Refusal documented in EIR |
| Explained reason (trade secret protection) | FDA noted explanation but disagreed |
| Allowed photography of all other areas | Inspection classified as “partially cooperative” |
| Received warning letter citing limited inspection | Had to submit detailed response explaining rationale |
Scenario 3: The Complete Refusal
Chen operates a drug manufacturing facility in China. When FDA investigators attempt to photograph filling machines that appear dirty, Chen’s staff states that no photography is permitted anywhere in the facility. The investigators inform Chen that this will be documented as a refusal.
| Chen’s Action | Result |
|---|---|
| Refused all photography | Documented as inspection refusal |
| Did not provide reasonable explanation | FDA determined refusal was obstruction |
| Company placed on Import Alert 66-40 | All products blocked at U.S. border |
| Warning letter issued citing Section 501(j) | Products deemed adulterated |
| Must wait for reinspection to clear import alert | Could take a year or longer |
How to Protect Trade Secrets While Cooperating with the FDA
You do not have to choose between protecting your proprietary information and cooperating with FDA inspections. Strategic approaches can help you achieve both goals.
Pre-Inspection Preparation
1. Establish a Written Photography Policy
Develop a written policy covering the use of cameras by visitors, including FDA investigators. Post “no photography” signs throughout your facility in locations visible to both employees and visitors. Require all visitors and contractors to sign a document acknowledging your no-photography policy.
However, understand that having a policy does not automatically mean the FDA will comply with it. The policy serves to document your position and ensure the issue is addressed before photography begins.
2. Identify Truly Proprietary Areas
Not everything in your facility is a trade secret. Identify specific areas, equipment, or processes that genuinely qualify for trade secret protection. Common examples include:
- Unique formulations or recipes
- Proprietary equipment designs
- Supplier networks and sourcing arrangements
- Custom manufacturing processes
3. Prepare Your Inspection Team
Train designated employees on how to handle photography requests. This training should include:
- How to explain the company’s photography policy
- When and how to escalate issues to management or legal counsel
- The importance of documenting all interactions with investigators
During the Inspection
1. Address Photography Before It Begins
The FDA instructs investigators to begin photographing without asking permission. Beat them to it by explaining your photography policy at the very beginning of the inspection. If you wait until the investigator pulls out a camera, you may appear to be hiding something.
2. Negotiate When Possible
In some instances, FDA might agree to allow company participation in taking pictures or accept alternative forms of documentation. The FDA considers each situation on a case-by-case basis. Having an open and honest dialog with the agency may help you reach middle ground.
3. Take Duplicate Photographs
If the investigator takes photos, take duplicates at the same time. This serves two purposes: it creates a record of exactly what the FDA documented, and it allows you to demonstrate later if the FDA photos are misleading or lack context.
Mistakes to Avoid During FDA Inspections Involving Photography
Making errors during an FDA inspection can escalate minor issues into major regulatory problems. Here are specific mistakes and their consequences.
| Mistake | Why It’s Wrong | Negative Outcome |
|---|---|---|
| Waiting until the inspector pulls out a camera to address photography | Appears reactive and possibly hiding something | Inspector becomes suspicious; refusal documented as obstruction |
| Claiming everything is a trade secret | FDA knows not all equipment is proprietary | Damages credibility; FDA may seek inspection warrant |
| Physically blocking the investigator | Considered a denial or refusal of inspection | Potential criminal charges; immediate escalation |
| Destroying documents or cleaning equipment during inspection | Tampering with evidence is a serious offense | Criminal prosecution; facility shutdown |
| Providing heavily redacted records | FDA views this as limiting the inspection | Warning letter; products deemed adulterated |
| Not taking duplicate photographs | Lose ability to provide context | Cannot challenge misleading FDA photos |
| Failing to document the refusal in writing | No record of your rationale | FDA’s version of events becomes the official record |
Do’s and Don’ts for FDA Inspection Photography
DO’s
✅ DO establish a written photography policy before any inspection occurs. This demonstrates that your position is consistent and not created in response to a specific inspection.
✅ DO explain your policy to the investigator at the very beginning of the inspection. Addressing the issue proactively shows transparency and prevents the appearance of hiding violations.
✅ DO designate a trained employee to accompany the investigator at all times. This person should document everything and take duplicate photographs.
✅ DO mark genuinely confidential documents and areas as trade secrets. This triggers FOIA protections and demonstrates a legitimate basis for your concerns.
✅ DO maintain a cooperative tone even when asserting your rights. Being labeled as “uncooperative” can lead to increased scrutiny and more frequent inspections.
DON’TS
❌ DON’T physically interfere with the investigator. This can result in criminal charges and is never appropriate, regardless of your photography policy.
❌ DON’T destroy, alter, or hide anything during the inspection. Tampering with evidence is a federal offense and will result in severe consequences.
❌ DON’T claim trade secret protection for things that clearly are not trade secrets. Investigators know the difference between proprietary formulations and standard equipment.
❌ DON’T escalate confrontations during the inspection. If you disagree with the investigator, ask to speak with their supervisor or contact your legal counsel.
❌ DON’T assume refusing photography will end the matter. The FDA may seek an inspection warrant that explicitly authorizes photography.
Pros and Cons of Allowing FDA Photography
Making an informed decision about your photography policy requires weighing the advantages and disadvantages of each approach.
Pros of Allowing Photography
| Advantage | Explanation |
|---|---|
| Maintains cooperative relationship with FDA | Reduces likelihood of enhanced scrutiny and more frequent inspections |
| Avoids “refusal” documentation | Prevents negative entries in your inspection history |
| Photographs can provide context | If conditions are actually compliant, photos prove it |
| Reduces risk of inspection warrant | FDA less likely to seek judicial intervention |
| Demonstrates confidence in your operations | Shows you have nothing to hide |
Cons of Allowing Photography
| Disadvantage | Explanation |
|---|---|
| Potential exposure of trade secrets | Proprietary processes may be captured on camera |
| Photos can be taken out of context | A single snapshot may not tell the whole story |
| Photographs become permanent evidence | Can be used in future enforcement actions |
| No control over how photos are used | FDA may share with other agencies or use in training |
| Risk of FOIA disclosure | Despite protections, some information may be released |
Industry-Specific Considerations
Different FDA-regulated industries face unique challenges regarding inspection photography.
Pharmaceutical Manufacturers
Drug manufacturers face the most aggressive FDA enforcement regarding photography. The 2014 and 2024 guidance documents explicitly apply to drug facilities, and Section 501(j) of the FDCA specifically makes drugs “adulterated” when a facility limits an inspection.
Foreign drug manufacturers face particularly severe consequences because the FDA can place them on Import Alert 66-40 or 66-79, blocking all products at the U.S. border.
Medical Device Companies
Since June 2024, the FDA’s inspection obstruction guidance applies equally to medical device facilities. Medical device companies should expect the same enforcement approach as pharmaceutical manufacturers.
Device companies often have legitimate concerns about protecting proprietary equipment designs and manufacturing processes. However, these concerns must be balanced against the regulatory risks of limiting inspections.
Food Manufacturers and Processors
The Food Safety Modernization Act (FSMA) significantly expanded FDA’s authority over food facilities. While the specific guidance on limiting inspections originally targeted drug facilities, the FDA applies similar principles to food inspections.
FSMA also grants FDA the authority to refuse admission of food from foreign facilities that refuse inspection. Import Alert 99-32 blocks food products from facilities that have refused FDA inspection.
Dietary Supplement Manufacturers
Dietary supplement facilities are inspected under 21 CFR Part 111, which establishes Current Good Manufacturing Practice (CGMP) requirements. While the inspection obstruction guidance does not specifically mention dietary supplements, FDA investigators follow the same IOM procedures regarding photography.
Compounding Pharmacies
Since the New England Compounding Center tragedy in 2012, the FDA has significantly increased scrutiny of compounding pharmacies. Compounding pharmacies should expect the same expectations regarding photography as traditional pharmaceutical manufacturers.
The FDA Form 482 and Form 483 Process
Understanding the inspection documentation process helps you appreciate where photography fits into the overall inspection.
Form FDA 482 (Notice of Inspection)
When FDA investigators arrive at your facility, they must present their credentials and issue Form FDA 482. This document officially begins the inspection and identifies:
- The facility being inspected
- The date of the inspection
- The FDA investigator’s name and credentials
- The legal authority for the inspection
Form FDA 483 (Inspectional Observations)
At the end of the inspection, investigators document their findings on Form FDA 483. This form lists “objectionable conditions” observed during the inspection. Photographs support these observations and may be referenced in the 483.
Important: A photography refusal itself may appear on the 483 as an observation, or it may only be documented in the Establishment Inspection Report (EIR). In the 2024 Tianjin Darentang case, the photography refusal was not on the 483 but was prominently featured in the warning letter.
Responding to Form 483 Observations
You should respond to Form 483 observations within 15 business days. Your response should include:
- Acknowledgment of each observation
- Explanation of corrective actions taken or planned
- Timeline for completing corrective actions
- Evidence of corrections already implemented
If your 483 includes an observation about limiting photography, address it directly. Explain your rationale (trade secret protection) and emphasize your overall cooperation with the inspection.
What If the FDA Seeks an Inspection Warrant?
If you refuse to allow photography and the FDA considers it necessary for the inspection, the agency may seek an administrative inspection warrant from a federal court.
How Warrants Change the Situation
When the FDA seeks an inspection warrant, it typically requests authorization to take photographs. Once a warrant is issued:
- Federal marshals may execute the warrant
- Refusal to permit inspection can result in arrest
- Refusal in the face of a warrant may result in contempt of court
- The legal argument about FDA’s authority becomes moot
Your Options
If the FDA seeks a warrant, you may file a motion to quash or otherwise limit the warrant. Your legal counsel should be prepared to:
- Argue that photography is not necessary for the inspection
- Request reasonable limitations on what can be photographed
- Advocate for protection of genuinely proprietary information
However, once a warrant is issued, your options become very limited. Most companies find it preferable to negotiate with the FDA during the inspection rather than face a warrant.
FAQs
Does the FDA have explicit statutory authority to take photographs during inspections?
No. Section 704 of the FDCA does not specifically mention photography. The FDA interprets its authority to conduct inspections “in a reasonable manner” as including photography, but no court has definitively ruled that photography is required.
Can I legally refuse to allow FDA investigators to take photographs?
Yes, you can refuse. However, the FDA will document this as a “refusal” and may cite your products as adulterated under Section 501(j). The FDA may also seek an inspection warrant that explicitly authorizes photography.
Will refusing photography result in a warning letter?
Not automatically. However, the FDA has issued warning letters citing photography refusals in cases like Homeolab USA, Nippon Fine Chemical, and Tianjin Darentang. The likelihood of a warning letter increases when the refusal is combined with other issues.
Can the FDA photograph my trade secrets?
Yes, the FDA can photograph proprietary information. However, documents and areas marked as trade secrets receive additional protection under FOIA Exemption 4, which prohibits public release of confidential commercial information.
Should I take duplicate photographs when the FDA takes pictures?
Yes. Taking duplicate photographs allows you to document exactly what the FDA photographed and provides context if FDA photos are misleading. This is a recommended best practice.
What happens to foreign facilities that refuse photography?
They face import alerts. Foreign facilities can be placed on Import Alert 99-32 (food) or Import Alert 66-40/66-79 (drugs), blocking all products at the U.S. border until an inspection is completed.
Can I ask the FDA investigator why they want to take photographs?
Yes. You can inquire about the basis for taking photos and ensure that what they are photographing is within the scope of the inspection. This is a reasonable request that does not constitute obstruction.
Does FSMA specifically authorize FDA photography during food inspections?
No. FSMA expanded FDA’s records access authority and inspection frequency but did not specifically address photography. However, the FDA applies the same IOM procedures to food inspections.
Can the FDA use photographs from my inspection in court?
Yes. Photographs taken during inspections can be admitted as evidence in enforcement proceedings. The Acri Wholesale case specifically addressed this issue and allowed the use of inspection photographs at trial.
What should I do if I disagree with the FDA investigator about photography?
Ask to speak with management. Request to contact your legal counsel or ask the investigator to have their supervisor contact your designated representative. Do not physically interfere with the investigator, but document your objection in writing.