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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 336RADIOACTIVE SUBSTANCE RULES
SUBCHAPTER ENOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS AND INSPECTIONS
RULE §336.408Requests by Workers for Inspections

(a) Any worker or representative of workers who believes that a violation of the Texas Radiation Control Act, the rules in this chapter, or license conditions exists or has occurred in work under a license 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 executive director or to inspectors representing the executive director. Any notice shall be in writing, shall set forth the specific grounds for the notice, and shall be signed by the worker or representative of workers. A copy shall be provided to the licensee by the executive director or inspector no later than at the time of inspection, except that, upon the request of the worker giving notice, the worker's name and the name(s) of individual(s) referred to shall not appear in that copy or on any record published, released, or made available by the executive director, except for good cause shown.

(b) If, upon receipt of such notice, the executive director determines that the request meets the requirements set forth in subsection (a) of this section, an inspection or investigation shall be made as soon as practicable to determine whether the alleged violation exists or has occurred. Inspections made under this section need not be limited to matters referred to in the request.

(c) No licensee shall discharge or in any manner discriminate against any worker because that worker has filed any request or instituted or caused to be instituted any proceeding under the rules in this chapter or has testified or is about to testify in any such proceeding or because of the exercise by that worker on behalf of that individual or others of any option afforded by this subchapter.


Source Note: The provisions of this §336.408 adopted to be effective June 5, 1997, 22 TexReg 4588.

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