10A NCAC 15 .1005         PRESENCE OF REPRESENTATIVES DURING INSPECTIONS

(a)  Each licensee or registrant shall afford to the agency at all reasonable times opportunity to inspect radioactive materials, radiation machines, activities, facilities, premises, and records required to be maintained by provisions of this Chapter.

(b)  During an inspection, agency inspectors may consult privately with workers as specified in Rule .1006 of this Section. The licensee or registrant may accompany agency inspectors during other phases of an inspection.

(c)  If, at the time of inspection, an individual has been authorized by the workers to represent them during agency 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.

(d)  Each workers' representative shall be routinely engaged in work under control of the licensee or registrant and shall have received instructions as specified in Rule .1003 of this Section.

(e)  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.

(f)  A consultant or representative to the licensee, registrant, or workers shall be afforded the opportunity to accompany the agency inspectors during the inspection of physical working conditions.

(g)  Notwithstanding the other provisions of this Rule, agency 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 workers' representative for that area shall be an individual previously authorized by the licensee or registrant to enter that area.

History Note:        Authority G.S. 104E‑7; 104E‑10; 104E‑11;

Eff. February 1, 1980;

Transferred and Recodified from 15A NCAC 11 .1005 Eff. February 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 22, 2019.