La. Admin. Code tit. 33, § XV-1014 - Presence of Representatives of Licensees or Registrants and of Workers during Inspection

Current through Register Vol. 48, No. 3, March 20, 2022

A. Each licensee or registrant shall afford to the department, at all reasonable times, opportunity to inspect materials, machines, activities, facilities, premises, and records pursuant to LAC 33:XV.
B. During an inspection, department inspectors may consult privately with workers as specified in LAC 33:XV.1015. The licensee or registrant, or his or her representative, may accompany department 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 department 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 LAC 33:XV.1012.
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. However, only one workers' representative at a time may accompany the inspectors.
F. With the approval of the licensee or registrant and the workers' representative, an individual who is not routinely engaged in work under control of the licensee or registrant, for example, a consultant to the licensee or registrant or to the workers' representative, shall be afforded the opportunity to accompany department inspectors during the inspection of physical working conditions.
G. Notwithstanding the other provisions of this Section, 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 workers' representative for that area shall be an individual previously authorized by the licensee or registrant to enter that area.

Notes

La. Admin. Code tit. 33, § XV-1014
Promulgated by the Department of Environmental Quality, Nuclear Energy Division, LR 13:569 (October 1987), amended by the Office of Air Quality and Radiation Protection, Radiation Protection Division, LR 19:1421 (November 1993), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2593 (November 2000).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq.

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