N.Y. Comp. Codes R. & Regs. tit. 12 § 38.30

Current through Register Vol. 46, No. 45, November 2, 2024

Section 38.30 - Inspections-tests

Each person who possesses any radiation source shall comply with the following:

(a) Such person shall afford the commissioner an opportunity to inspect, at any reasonable time:

(1) the radiation source and the installation, institution, establishment, premises or facilities at which such source is located, possessed, stored or used; and

(2) each record required to be maintained by this Part (rule).

(b) Such person shall conduct, or permit the commissioner to conduct, such tests as he may require, including but not limited to tests of:

(1) any radiation source and the installation, institution, establishment, premises or facilities at which such radiation source is located, possessed, stored or used; and

(2) personnel monitoring equipment and any other equipment, instrument or device used in connection with the location, possession, storage or use of such radiation source.

(c) During the physical inspection of any installation or mobile source pursuant to this Part (rule), the commissioner or his representative shall permit a representative of the owner and a representative authorized by his employees to accompany him during such inspection for the purpose of aiding such inspection. Where there is no authorized employee representative, the commissioner or his representative may consult with a reasonable number of employees concerning health and safety matters pertinent to this Part (rule) in the installation or at the mobile source.

(d) Any employee or representative of employees who believes that a violation of this Part (rule) exists that threatens physical harm or radiation exposures in excess of the limits specified in this Part (rule), or that an imminent danger exists, may request an inspection by giving notice to the commissioner or his representative of such violation or danger. Any such notice may be reduced to writing, will set forth with reasonable particularity the grounds for the notice, and will be signed by the employee or representative of employees; and a copy will be provided the owner or his agent upon receipt or no later than at the time of inspection, except that, upon the request of the employee giving such notice, his name and names of individual employees referred to therein shall not appear in such copy or any record published, released, or made available by the commissioner or his representative. If, upon receipt of such notification, the commissioner or his representative determines there are reasonable grounds to believe that such violation or danger exists, he shall make a special inspection in accordance with the provisions of this Part (rule) as soon as practicable, to determine if such violation or danger exists.

(e) Prior to or during any inspection of an installation or mobile source subject to the requirements of this Part (rule), any employee or representative of employees employed in such installation or at the mobile source may notify the commissioner or his representative responsible for conducting the inspection, either orally or in writing, of any violation of this Part (rule) which has has reason to believe exists in such installation or at the mobile source. The commissioner or his representative shall review any action taken with respect to any such alleged violation and shall furnish the employee or representative of employees requesting such review a written statement of the reasons for the final disposition of the case.

(f) No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any inspection or proceeding under this Part (rule), or has testified or is about to testify in any such proceeding, or because of the exercise by such employee on behalf of himself or others of any option afforded by this Part (rule).

N.Y. Comp. Codes R. & Regs. Tit. 12 § 38.30