Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 180 - CONTROL OF RADIATION
Chapter 10 - NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTIONS
Section 180-10-005 - PRESENCE OF REPRESENTATIVES OF LICENSEES OR REGISTRANTS AND WORKERS DURING INSPECTION
Current through March 20, 2024
This section addresses staff presence during an inspection.
005.01 INSPECTIONS. Each licensee or registrant must afford to the Department at all reasonable times opportunity to inspect materials, machines, activities, facilities, premises, and records according to these regulations.
005.02 CONSULTATION. During an inspection, Department inspectors may consult privately with workers as specified in 180 NAC 10-006. The licensee or registrant may accompany Department inspectors during other phases of an inspection.
005.03 WORKER'S REPRESENTATIVE. If an individual has been authorized by the workers to represent them during Department inspections, the licensee or registrant must notify the inspectors of the authorization and must give the worker's representative an opportunity to accompany the inspectors during the inspection of physical working conditions.
005.04 WORKER'S REPRESENTATIVE INSTRUCTIONS. Each worker's representative must be routinely engaged in work under control of the licensee or registrant and must have received instructions as specified in section 003.
005.05 ACCOMPANIMENT. 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 worker's representative at a time may accompany the inspectors.
005.06 CONSULTANT. With the approval of the licensee or registrant and the worker's representative, an individual who is not routinely engaged in work under control of the licensee or registrant serving as a consultant to the licensee or registrant or to the worker's representative must be afforded the opportunity to accompany Department inspectors during the inspection of physical working conditions.
005.07 LIMITATIONS. Notwithstanding the other provisions of 180 NAC 10-005, Department inspectors are authorized to refuse to permit accompaniment by any individual who deliberately interferes with a fair and orderly inspection. With regard to any area containing proprietary information, the worker's representative for that area must be an individual previously authorized by the licensee or registrant to enter that area.
