| (a) The inspector shall, if possible, notify the current
or acting, on duty and available, department head of the inspector's
presence at the department and his intention to conduct a departmental
inspection.
(b) During the course of the inspection, any noncompliance
with state law or commission rule shall be noted. Violations shall
be determined to be either minor or major violations based upon the
following guidelines.
(1) Minor violations shall be defined as those violations
which the inspector determines do not pose a serious threat to personnel
safety due to lack of personnel protection equipment or training,
are not widespread, or are not repeat violations of the same nature
for which the entity was cited within the previous five years.
(2) Major violations shall be defined as those violations
which in the inspector's opinion constitute higher potential threat
to personnel safety, flagrant or repeated violations in the same or
similar areas, fraud, or obvious attempts to circumvent state law
or commission rule.
(c) In order to determine compliance with commission
requirements pertaining to a particular item, the inspector may examine
as many items of protective clothing and equipment deemed necessary
by the inspector.
|
| Source Note: The provisions of this §445.7 adopted to be effective November 1, 1998, 23 TexReg 10905; amended to be effective February 26, 2015, 40 TexReg 829; amended to be effective February 24, 2021, 46 TexReg 1251 |
