| (4) Each workers' representative shall be routinely engaged in work under control of the licensee or registrant and shall have received instructions as specified in subsection (c) of this section. (5) Different representatives of licensees or registrants and workers may accompany the inspectors during different phases of an inspection if there is no resulting interference with the conduct of the inspection. However, only one workers' representative at a time may accompany the inspectors. (6) With the approval of the licensee or registrant and the workers' representative, an individual who is not routinely engaged in work under control of the licensee or registrant, for example, a consultant to the licensee or registrant or to the workers' representative, shall be afforded the opportunity to accompany agency inspectors during the inspection of physical working conditions. (7) Notwithstanding the other provisions of this section, agency inspectors are authorized to refuse to permit accompaniment by any individual who deliberately interferes with a fair and orderly inspection. With regard to any area containing proprietary information, the workers' representative for that area shall be an individual previously authorized by the licensee or registrant to enter that area. (f) Consultation with workers during inspections. (1) Agency inspectors may consult privately with workers concerning matters of occupational radiation protection and other matters related to applicable provisions of agency regulations and licenses and/or certificates of registration to the extent the inspectors deem necessary for the conduct of an effective and thorough inspection. (2) During the course of an inspection any worker may bring privately to the attention of the inspectors, either orally or in writing, any past or present condition which that individual has reason to believe may have contributed to or caused any violation of the Act, the requirements in this chapter, license or certificate of registration conditions, or any unnecessary exposure of an individual to radiation from any source of radiation under the licensee's or registrant's control. Any such notice in writing shall comply with the requirements of subsection (g)(1) of this section. (3) The provisions of paragraph (2) of this subsection shall not be interpreted as authorization to disregard instructions in accordance with subsection (c) of this section. (g) Requests by workers for inspections. (1) Any worker or representative of workers who believes that a violation of the Act, the requirements of this chapter, or license or certificate of registration conditions exists or has occurred in work under a license or certificate of registration with regard to radiological working conditions in which the worker is engaged, may request an inspection by giving notice of the alleged violation to the agency. Any such notice shall be in writing, shall set forth the specific grounds for the notice, and shall be signed by the worker or representative of the workers. A copy shall be provided to the licensee or registrant by the agency no later than at the time of inspection except that, upon the request of the worker giving such notice, the worker's name and the name(s) of individual(s) referred to therein shall not appear in such copy or on any record published, released, or made available by the agency, except for good cause shown. (2) If, upon receipt of such notice, the agency determines that the request meets the requirements set forth in paragraph (1) of this subsection, and that there are reasonable grounds to believe that the alleged violation exists or has occurred, an inspection shall be made as soon as practicable to determine if such alleged violation exists or has occurred. Inspections in accordance with this section need not be limited to matters referred to in the request. (3) No licensee or registrant, contractor or subcontractor of a licensee or registrant shall discharge or in any manner discriminate against any worker because of the following: (A) such worker has filed any request or instituted or caused to be instituted any proceeding under this chapter; (B) such worker has testified or is about to testify in any such proceeding; or (C) because of the exercise by such worker on behalf of that individual or others of any option afforded by this section. (h) Inspections not warranted. (1) If the agency determines, with respect to a request under subsection (g) of this section, that an inspection is not warranted because there are no reasonable grounds to believe that a violation exists or has occurred, the agency shall notify the requestor in writing of such determination. The requestor may obtain review of such determination in accordance with the provisions of the Act and the Government Code, Chapters 2001 and 2002. (2) If the agency determines that an inspection is not warranted because the requirements of subsection (g)(1) of this section have not been met, the agency shall notify the requestor in writing of such determination. Such determination shall be without prejudice to the filing of a new request meeting the requirements of subsection (g)(1) of this section. (i) Notice to employees. The following form, RC Form 203-1, or an equivalent as stated in subsection (b)(3) of this section, shall be posted. Attached Graphic |
| Source Note: The provisions of this §289.203 adopted to be effective June 7, 1998, 23 TexReg 5968; amended to be effective February 7, 2002, 27 TexReg 912; amended to be effective February 18, 2010, 35 TexReg 1223; amended to be effective October 1, 2011, 36 TexReg 5851 |
