Ill. Admin. Code tit. 32, § 400.160 - Requests by Workers for Inspections
Current through Register Vol. 46, No. 15, April 8, 2022
a) Any worker or representative of workers
believing that a violation of the Act, the provisions of this Part or 32 Ill.
Adm. Code: Chapter II, Subchapters b and d, or license conditions exists or has
occurred, or that an unnecessary exposure to radiation or radioactive material
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 the Agency. The notice
shall be in writing, shall set forth the circumstances describing the perceived
violation or condition and shall be signed by the worker or representative of
the workers. A copy of the notice shall be provided to the licensee or
registrant by the Agency no later than at the time of inspection except that,
upon the request of the worker giving the notice, the worker's name and the
name of individuals referred to in the notice shall not appear in the copy or
on any record published, released or made available by the Agency, except for
good cause shown, such as when necessary in the course of enforcement
actions.
b) If conditions stated on
the face of the complaint indicate there is or has been a violation or the
possibility of a violation, the Agency shall conduct an inspection as soon as
practicable to determine if thealleged violation exists or has occurred.
Inspections made pursuant to this Section need not be limited to matters
referred to in the complaint.
c) No
licensee or registrant shall discharge or in any manner discriminate against
any worker because the worker has filed any complaint, or has instituted or
caused to be instituted any proceedings under this Part, or has testified or is
about to testify in any such proceeding, or because of the exercise by the
worker on behalf of himself or herself or others of any option afforded by this
Part. Furthermore, each licensee and registrant shall instruct its contractors
and subcontractors not to discharge or in any manner discriminate against any
worker because the worker has filed any complaint, or has instituted or caused
to be instituted any proceedings under this Part, or has testified or is about
to testify in any such proceeding, or because of the exercise by the worker on
behalf of himself or herself or others any option afforded by this Part. Any
worker who believes that he or she has been so discharged or discriminated
against may file a complaint with the Agency alleging a violation of this
subsection.
Notes
Amended at 33 Ill. Reg. 4333, effective March 9, 2009
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