Ohio Admin. Code 3701:1-38-09 - Inspection and investigation
(A) Each licensee or registrant shall afford
to the department at all reasonable times, the opportunity to inspect
materials, machines, activities, facilities, premises, and records and any
other matters relative to the handling of radioactive material or
radiation-generating equipment.
(1) During an
inspection, department inspectors may consult privately with workers as
specified in paragraph (B) of this rule. The licensee or registrant may
accompany department inspectors at any other time during the
inspection.
(2) If, at the time of
inspection, an individual has been authorized by the workers to represent them
during department inspections, the licensee or registrant shall notify the
inspector of such authorization and shall give the workers'
worker's
representative an opportunity to accompany the inspector during the
inspection of physical working conditions. Each workers'
worker's
representative shall be routinely engaged in licensed or registered
activity under control of the licensee or registrant and shall have received
instructions as to the provisions specified in paragraph (B) of rule
3701:1-38-10
of the Administrative Code. 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'
worker's representative at a time may accompany an
inspector.
(3) With the approval of
the licensee or registrant and the workers'
worker's
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'
worker's
representative, shall be afforded the opportunity to accompany the department
inspector during the inspection of physical working conditions.
(4) Notwithstanding any other provision in
paragraph (A) of this rule, a department inspector may refuse to permit
accompaniment by any individual who deliberately interferes with a fair and
orderly inspection. With regard to areas containing information classified by
an agency of the United States government in the interest of national security,
an individual who accompanies an inspector may have access to such information
only if properly authorized. With regard to any area containing proprietary
information or trade secrets, the workers'
worker's
representative for that area shall be an individual previously authorized by
the licensee or registrant to enter that area.
(B) Private consultation between a department
inspector and a worker during inspections shall be subject to the following:
(1) A department inspector may consult
privately with workers concerning matters of occupational radiation protection
and other matters related to applicable provisions of a license condition,
order, or rules adopted pursuant to Chapter 3748. of the Revised
Code.
(2) During the course of an
inspection, any worker privately may bring to the attention of a department
inspector, either orally or in writing, any past or present condition which the
worker has reason to believe may have contributed to or caused any violation of
rules adopted pursuant to Chapter 3748. of the Revised Code, license condition,
order, or any unnecessary exposure of an individual to sources of radiation
under the licensee's or registrant's control. Any such notice in writing shall
comply with the requirements specified in paragraph (C) of this rule. The
provisions of this paragraph shall not be interpreted as authorization to
disregard instructions pursuant to paragraph (B) of rule
3701:1-38-10
of the Administrative Code.
(C) Requests by workers for a department
inspection shall be in accordance with the following:
(1) Any worker or representative of workers
believing that a violation of Chapter 3748. of the Revised Code or rules
adopted thereunder, license condition or order, or any unnecessary exposure of
an individual to sources of radioactive material or radiation-generating
equipment under the licensee's or registrant's control has occurred in the
handling of radioactive material or radiation-generating equipment relative to
working conditions may request an inspection by giving notice of the alleged
violation to the director. 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 department no later than at the time of inspection except
that, upon the request of the worker giving such notice, such worker's name and
the name of individuals referred to therein shall not appear in such copy or on
any record published, released, or made available by the department, except for
good cause shown.
(2) If, upon
receipt of such notice, the director determines that the written complaint
meets the requirements specified in paragraph (C)(1) of this rule and that the
director determines that there are reasonable grounds to believe that the
alleged violation exists or has occurred or that further investigation is
necessary, the department shall inspect the facility as soon as practicable to
determine if such alleged violation exists or has occurred. Any such inspection
is not limited to matters referred to in the written complaint.
(3) The department shall notify the
complainant in writing of the results of the investigation. The complainant may
resubmit the written complaint without prejudice.
(D) If the department determines under
paragraph (C) of this rule that an inspection is not warranted by a written
complaint, such determination shall be in accordance with the following:
(1) If the department determines that an
inspection is not warranted because there are no reasonable grounds to believe
that a violation exists or has occurred, the department shall notify the
complainant in writing of such determination. The complainant may obtain review
of such determination by submitting a written statement of position with the
department. The department will provide the licensee or registrant with a copy
of such statement, excluding, at the request of the complainant, the name of
the complainant. The licensee or registrant may submit an opposing written
statement of position with the department. The department will provide any
opposing statement to the complainant.
(2) Upon the request of the complainant, the
director may hold an informal conference in which the complainant and the
licensee or registrant may orally present their views. An informal conference
may also be held at the request of the licensee or registrant, but disclosure
of the identity of the complainant will be made only following receipt of
written authorization from the complainant. The director shall consider all
written and oral views presented and shall notify the parties in writing of his
or her decision on whether an inspection is warranted and the reason
therefore.
(E) No
licensee or registrant, or contractor or subcontractor of a licensee or
registrant shall instruct any employee to withhold
information from a department inspector or retaliate or discriminate
against any employee or former employee for exercising rights or engaging in
activities protected under rules adopted pursuant to Chapter 3748. of the
Revised Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04, 3748.13
Prior Effective Dates: 07/22/2001, 08/30/2015
Promulgated Under: 119.03
Statutory Authority: 3748.04
Rule Amplifies: 3748.04, 3748.13
Prior Effective Dates: 07/22/2001, 08/30/2015
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