Section He-P 4019.06 - Presence of Representatives of Licensees or Registrants and Workers During Inspections(a) Each licensee or registrant shall allow DHHS/RHS at any reasonable time to inspect: (6) Records created and maintained pursuant to these rules.(b) During an inspection, DHHS/RHS inspectors may consult privately with workers, either on their own volition or at the request of any of the workers, as specified in He-P 4019.07.(c) The licensee or registrant may accompany DHHS/RHS inspectors during an inspection at times other than the private consultation with workers.(d) If, at the time of inspection, an individual has been authorized by the workers to represent them during DHHS/RHS inspections, the licensee or registrant shall notify the inspectors of such authorization and shall give the workers' representative an opportunity to accompany the inspectors during the inspection of physical working conditions.(e) Each worker's representative shall be routinely engaged in work under control of the licensee or registrant and shall have received instructions as specified in He-P 4019.04.(f) 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.(g) 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 DHHS/RHS inspectors during the inspection of physical working conditions.(h) Notwithstanding the other provisions of He-P 4019.06, DHHS/RHS inspectors shall refuse to permit accompaniment by any individual who deliberately interferes with a fair and orderly inspection.(i) With regard to areas containing information classified by an agency of the U.S. Government in the interest of national security, an individual who accompanies an inspector may have access to such information only if authorized by the licensee to do so.(j) 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.N.H. Admin. Code § He-P 4019.06
#5903, eff 2-1-95; ss by #6827, eff 8-6-98; ss by #8692, INTERIM, eff 7-27-06, EXPIRES: 2-2-07; ss by #8808, eff 1-24-07
Amended byVolume XXXV Number 14, Filed April 9, 2015, Proposed by #10805, Effective 3/28/2015, Expires3/28/2025.