New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 4000 - NEW HAMPSHIRE RULES FOR THE CONTROL OF RADIATION
Part He-P 4019 - NOTICES, INSTRUCTIONS, AND REPORTS TO WORKERS; INSPECTIONS
Section He-P 4019.08 - Requests by Workers for Inspections

Universal Citation: NH Admin Rules He-P 4019.08

Current through Register No. 40, October 3, 2024

(a) Any worker or representative of workers believing that a violation of the Act, these rules, or license conditions exists or has occurred in work under a license or registration with regard to radiological working conditions in which the worker is engaged may request an inspection by giving notice of the alleged violation to DHHS/RHS.

(b) Any such notice shall:

(1) Be in writing;

(2) Set forth the specific grounds for the notice; and

(3) Be signed by the worker or representative of the workers.

(c) A copy of the notice shall be provided to the licensee or registrant by DHHS/RHS 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 DHHS/RHS, except for good cause shown.

(d) If the complaint meets the requirements set forth in He-P 4019.08(a) through (c) , and there are reasonable grounds to believe that the alleged violation exists or has occurred, an inspection shall be made as soon as practicable to determine if such alleged violation exists or has occurred.

(e) Inspections pursuant to He-P 4019.08 may not be limited to matters referred to in the complaint.

(f) No licensee, registrant, contractor, or subcontractor of a licensee or registrant shall discharge or in any manner discriminate against any worker because such worker has:

(1) Filed any complaint or instituted or caused to be instituted any proceeding under these rules;

(2) Testified or is about to testify in any such proceeding; or

(3) Because of the exercise by such worker on behalf of himself or others of any option afforded by He-P 4019.

(g) If DHHS/RHS determines that an inspection is not warranted because the requirements of He-P 4019.08 have not been met, the complainant shall be notified in writing of such determination and shall be without prejudice to the filing of a new complaint meeting the requirements of He-P 4019.08.

#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

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